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THE 


GOVERNMENTAL INSTRUCTOR, 

( 9 i'£ 

A BRIEF AND COMPREHENSIVE VIEW 


GOVERNMENT OF THE UNITED STATES, 


AND OF THE 


STATE GOVERNMENTS, 


IN EASY LESSONS, 


DESIGNED FOR THE USE OF SCHOOLS. 


BY J. B. SHURTLEFF. 

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NEW YORK : 

COLLINS, BROTHER & CO., 

No. 254 Pearl Street. 

1845 . 


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Entered 

According to the Act of Congress, in the year 1845, by 
COLLINS, BROTHER & CO., 

In the Clerk’s Office of the District Court for the Southern 
District of New York. 


BY TRAN- r 

B W 1 * 


DEAN, PRINTER, 2 ANN ST. 


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CONTENTS. 


Page. 


Preface, - 

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3 

Extent of the United States, 

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5 

Discoveries, - 

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6 

Conquests of Spain, ^ 

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- 

8 

English Settlements, 

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11 

Spanish and other Settlements, 

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13 

Origin of the Revolution, 

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15 

Nature and origin of Laws, 

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19 

Whence the right to rule is derived, 

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21 

Origin of the Continental Congress, - 

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26 

Declaration of Independence, 

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30 

Articles of Confederation, 

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32 

Adoption of the Constitution, 

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35 

Powers of the Government, 

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39 

Congress, - 

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42 

House of Representatives, 

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43 

Qualifications of Representatives, - 

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- 


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45 

Senate, - 

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1 

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48 

Senators, how chosen, 

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49 

Qualifications for a Senator, - 

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51 

Impeachments, - 

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52 

Powers of each house, 

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56 

Journals of Congress, 

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- 


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57 

Adjournment, - 

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« 

Pay of members of congress, 

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58 

Privileges of members of congress, 

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59 

Revenue, - 

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61 

Veto Power, - 

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62 

Powers .of Congress, 

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64 


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VI CONTENTS. 







Page 

Taxes, 

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- 65 

Powers of congress to borrow money, 


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69 

Powers of congress to regulate commerce, 

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- 70 

Naturalization Laws, 

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73 

Bankrupt Laws, 

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- 75 

Navy and Militia, - 

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77 

Money, - 

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- 78 

Post Office Department, 

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79 

Patents and copy rights, 


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- 80 

Piracy, - 

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81 

District of Columbia, 

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- 82 

Auxiliary and implied powers of congress, 


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84 

Internal Improvements, 

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_ a 

Embargo, - 

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86 

Records, &c., 

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- 


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- 87 

New States 

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_ 

(C 

Bill of Attainder, 

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- 91 

Ex post facto Law, 

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92 

State powers prohibited, 

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- 


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- 93 

Letters of Marque and Reprisal, 

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94 

Bills of credit, 

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- 95 

Contracts, - 

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96 

Executive Department, 

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- 98 

Vice-President, 

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99 

President and Vice-President, how chosen, 

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- 100 

Qualification for President, 

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103 

Powers of the President, 

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- 104 

List of the Presidents and Vice-Presidents 


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107 

Cabinet, - 

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- 109 

Judiciary, - 

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111 

Supreme Court, 

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- 112 

Public Ministers, - 

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115 

Circuit Courts, 

. 

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- 117 

District Courts, 

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_ 

119 


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CONTENTS. 


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vii 


Territorial Courts, - 

Trial by Jury, - 

Treason, ----- 
Citizens, - 

Fugitive criminals, - - - - 

Guaranty, - - - - - 

Amendments, - - - - - 

Religion, - 

Liberty of speech and of the press, 

Reserved rights of the States, 

State Governments, - 

Legislative organization of the several States, 

« «« Wisconsin Territory, 

J State Judiciary, - 
State Executive, - 

Washington’s Letter, - 
j Constitution of the United States, 

Amendments to the Constitution, - 


Page 

- 119 
120 

- 125 
127 

- 128 

H 

- 129 
130 

- 131 

132 

- 133 

133 

- 148 
150 

- 154 
156 

- 159 
179 


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PREFACE. 


Tiie rapid growth of the United States, and the variety of inter¬ 
est which the improvements of our country are daily exciting, both 
as it regards the progress of our nation in literature as well as 
in art, seem to demand an especial effort in suitably impressing 
upon the public mind, the importance of augmenting every facility 
for cultivating a proper taste in the minds of the rising genera¬ 
tion, for such advancement in useful knowledge, as may prove 
beneficial in after-life. And as under our free and liberal govern¬ 
ment, the poorest as well as the richest may reasonably anticipate 
distinction, every means should be employed by those who have the 
guardianship of our literary institutions, to open as wide as possi¬ 
ble the door that leads to knowledge. 

It is to be regretted that our common schools have, in many in¬ 
stances, been neglected, so far as they are regarded as important 
auxiliaries in imparting useful information. Many entertain the 
idea that it is quite immaterial what books are put into the hands of 
young children, when they, first commence reading, if the wor ds., 
can be but easily understood and readily pronounced. Now, in 
practising upon this principle, the most silly stories are often got up, j 
sometimes accompanied by a picture, and spread before the young 
pupil to learn him to read. He looks upon the picture and is pleased ! 
with it, and he becomes remarkably fond of lessons thus illustrated— 
so much so, that he forms an attachment for light reading, and can 
hardly be induced to abandon his picture-book for one that treats 
upon plain matters of fact, useful in boyhood and in old age. 

To a vast number of children, our Common Schools afford the 
only opportunity they enjoy of improving their minds, or of becom¬ 
ing enlightened in regard to the general principles of the American 

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iv PREFACE. 

Government, and in support of which, as citizens, they are to take 
an active part. In view of these considerations, then, how impor¬ 
tant it is that they should early become acquainted with the organi¬ 
zation of that Government—by inquiring into its peculiarities— 
ascertaining its fundamental principles—all the branches of which 
have so admirably harmonized as to prove to the world that a Na¬ 
tion can be great, and at the same time be free. 

It will be generally admitted that many children in obscure life, 
leave our Common Schools and enter work-shops, or seek employ¬ 
ment upon farms, with but limited ideas of the general organiza¬ 
tion of the National and State Governments ; and being subse¬ 
quently merged in the business of life, they find but little opportu¬ 
nity of supplying any deficiency that may have existed, in receiving 
the first rudiments of their education. 

Now, the Governmental Instructor is intended to supply the 
vacuum which has heretofore existed, in this particular, and instead 
of placing before the young learner a large volume of confused 
matter beyond the reach of his comprehension, the Author has en¬ 
deavored to suit it to his capacity; trusting that the work may prove 
not only interesting, but that it may be the means of urging the 
young mind to higher and praiseworthy attainments in the knowl¬ 
edge of our admirable form of Government. 

J. B. S. 

New York City, February, 1845. 


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THE GOVERNMENTAL INSTRUCTOR. 


EXTENT OF THE UNITED STATES. 


If you look at a map of North America, you 
will see a large country called The United States , 
extending across the continent from East to West. 
It is bounded on the North by the Russian Pos¬ 
sessions and British America, on the East by the 
Atlantic Ocean, on the South by the Gulf of Mex¬ 
ico, Texas and Mexico, and on the West by the 
Pacific Ocean. 

This vast tract of land is divided into twenty- 
six States , six Territories and one District . 


The names of the States are as follows— 
Maine, New Hampshire, Vermont, 

Massachusetts, Rhode Island, Connecticut, 
New York, Pennsylvania, New-Jersey, 
Delaware, Maryland, Virginia, 

North Carolina, South Carolina, Georgia, 
Tennessee, Kentucky, Ohio, 

Indiana, Illinois, Mississippi, 

Alabama, Louisiana, Arkansas, 

Missouri, Michigan. 


How are the United States bounded ? 
How are the United States divided 'l 
What are the names of the states 'l 





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GOVERNMENTAL 


The names of the Territories, are 
Wisconsin, Iowa, Missouri, 

Oregon, Florida, Indian. 

The name of the District is Columbia. 

These States and Territories and this District, 
all together, form one Government, called The 
United States of America. 

It is the object of this work to explain to the 
young reader the origin and nature of this Govern¬ 
ment ; its several departments, and the mode of its 
operation. 


DISCOVERIES. 

Let us begin then at the beginning. Let us go 
back to that period when the whole Western 
Hemisphere was inhabited only by Indians. And 
let us trace our title to this land down to the pre¬ 
sent time. 

On the twelfth of October, in the year 1492, 
Christopher Columbus, the great Navigator, dis¬ 
covered the New World. He was in the employ¬ 
ment of Ferdinand and Isabella, the King and 


What are the names of the territories 1 
What is the name of the district 1 

What do the states, territories, and district, all together form 1 
■When, and by whom was the New World discovered 1 
By whom was Columbus employed 1 


Or 


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INSTRUCTOR. 7 

Queen of Spain ; the Queen having pledged her 
Jewels, in order to procure means to aid him. 

At that time it was a principle acknowledged by 
all the European powers, that every nation was 
entitled to claim and use as its own, all lands of 
which it was the first discoverer. And the right 
by which they claimed such lands was called the 
right of discovery. 

Lands, inhabited by savage and barbarous peo¬ 
ple, were considered uninhabited , and possession 
was taken accordingly, without any regard to the 
rights of the occupiers. Hence, the first title of 
Spain to lands in the New World, was by right of 
discovery. She afterwards conquered other por¬ 
tions of the continent, which she continued for a 
long time to hold by 'right of conquest. 

The same spirit of bold enterprise that led Co¬ 
lumbus across the untried Atlantic, brought after 
him other daring adventurers. Among these were 
two Venetians, John Cabot, and his son Sebas¬ 
tian, employed by the English Government, who, 
on the 14th of June, 1497, discovered the coast of 
Labrador, and sailed along the shore of the conti¬ 
nent as far as Florida. Hence England claimed a 


What did the Queen do to aid Columbus 1 

What is meant by the right of discovery 1 

By what title did Spain claim lands in the New World 1 

By whom were the Cabots employed t 

"What discoveries did they make and when 1 

What lands did England claim by right of discovery 1 


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8 GOVERNMENTAL 

large portion of what is now the United States and 
Canada, by right of discovery. 

France, Spain, and Portugal, also claimed part of 
the same tract by right of discovery. But England 
finally drove away all her competitors, and claim¬ 
ed and held the whole as her own. She still holds 
Canada, having given up all claim to that part of 
the United States which was formerly the Thirteen 
Colonies of Great Britain, by her Treaty of Sep¬ 
tember 3d, A. D., 1783, in which she acknowledged 
the Independence of the United States of America. 
Hence, the title of the Thirteen original States to 
the lands they claimed, was derived through Eng¬ 
land. 


CONQUESTS OF SPAIN. 

Soon after the discovery of the continent great 
numbers of military adventurers came over from 
Spain ; some of them seeking to acquire fortunes, 
and others ambitious to win fame. 

The ancient Mexican Empire tottered and fell 
before the superior intelligence and power of these 
invaders, led on by the reckless Cortes. 

Guatemozin, the last of her monarchs, died on 


What does she still claim 'l 

To what has she relinquished her claim 1 

What Empire did Spain first conquer ? 

Who led the Spaniards 'l 

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INSTRUCTOR. 9 

the gallows, by the command of Cortes, and the 
birds of the air picked the flesh from his bones 
as his body hung. 

But the treasury of Montezuma, and all the 
wealth of the Mexican Empire was not sufficient 
to satisfy the Spaniards’ love of gold. 

The report of the wealth of the Incas came to 
their ears, and a Spanish army, headed by the dar¬ 
ing Pizarro, was soon on its march towards Peru. 
The Peruvian Empire fell before the victorious 
arms of the Spaniards, and Atahaulpa, the last of 
the Incas, was murdered in cold blood, and the 
treasures of the Empire, the accumulation of cen¬ 
turies, were seized by the avaricious invaders. 

But Spain, having swallowed up the wealth of 
two vast Empires, still “ asked for more.” Conse¬ 
quently a third expedition was fitted out in 1539, 
under the command of Hernando De Soto, for the 
conquest of a supposed Empire called El Dorado , 
which they imagined to exist somewhere within 
the present limits of the United States. But no 
gilded cities awaited their approach. No objects 
were presented to gratify the ambition of the Span- 


Who was the last Mexican Emperor 1 

What became of him 1 

What Empire was next conquered by Spain 1 

Who led the Spaniards 1 

What became of Atahaulpa 1 

When was the third expedition fitted out, and who lead it 1 
What supposed Empire was De Soto in search of 1 


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10 GOVERNMENTAL 

iards, and after spending three years in searching, I 

having marched half across the continent, they 
found nothing but half-naked Indians, and a sickly 
climate. 

De Soto died of a fever, and was sunk in a 
leaden coffin, to the bottom of the Mississippi 
river, where his remains lie undisturbed. 

Thus Spain acquired vast possessions by right of 
discovery and by right of conquest , which she con¬ 
tinued to hold for about three hundred years, dur¬ 
ing which time most of her American colonies, 
one by one, revolted from her, and established 
independent governments. 

That part of the United States called the Ter¬ 
ritory of Florida, is a portion of the immense 
possessions acquired by Spain through the con¬ 
quests of Cortes, Pizarro, De Soto and others. 

In 1819, Spain sold Florida to the United States 
for five millions of dollars ; so that the title which 
she had obtained by discovery and conquest, has 
been acquired by the United States by purchase. 

The sudden tide of wealth, poured into Spain 
by the conquests of Mexico and Peru, sapped the 


What was the result of that expedition 1 

What became of De Soto 1 

How long did Spain hold her American Colonies 1 

What then occurred 1 

When, and for how much did the U. S. purchase Florida 1 
By what title did Spain formerly hold that territory 1 
By what title does the United States hold it 1 


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INSTRUCTOR. 11 

foundation of her own prosperity, and prepared 
her to descend to the low rank she now occupies 
among the European nations ; and although free 
from royal servitude, she is most miserable, half 
starved and depopulated, from the effects of her 
frequent civil wars. 

At the same time the prospect of wealth excited 
a spirit of fortune-hunting emigration to the New 
World, equally unfavorable for the moral and 
intellectual advancement of the Spanish American 
colonies. 

These effects have reached down to the present 
time. Hence those Republics of America which 
were formerly Spanish Colonies, though a full 
century in advance, as to time of settlement, are 
now a full century behind the United States in 
everything that constitutes the prosperity, power, 
and glory of a nation. 


ENGLISH SETTLEMENTS. 

The enterprise of England, equally ambitious 
but less avaricious than Spain, sought to extend her 
power and greatness by planting Colonies on that 
part of the American Continent which she claimed 
by right of discovery. 

After several unsuccessful attempts, her first 
permanent settlement within the present limits of 


What effect did the wealth of Mexico and Peru have'on Spain 1 


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12 GOVERNMENTAL 

the United States, was made at Jamestown, on 
James River, in the State of Virginia, on the 13th 
of May, A. D., 1607. 

The number of these first settlers was one hun¬ 
dred and five. Many of them died soon after of 
sickness, but their places were in a short time filled 
by new emigrants. The prosperity of the colony 
was, however, very much retarded by internal dis¬ 
sensions, and by the hostility of the Indians. 

These settlers were not mere soldiers, seeking 
for the conquest of golden Empires, like the early 
Spanish adventurers, but men of business ; many 
of them from the higher ranks of society, in pur¬ 
suit of a fortune, to be acquired by persevering 
industry. 

The next English colony in America, was foun¬ 
ded at Plymouth, Massachusetts, on the 22d of 
Dec. in the year 1620, by one hundred and one 
persons. They were in pursuit of neither conquest 
nor riches, but religious liberty. They belonged 
to the sect called Puritans, who were then greatly 
oppressed by the English government. 

They came with two great objects in view ; first, 
to escape English oppression ; and second, to found 


Where and when was the first permanent English settlement 1 
What was the number of the settlers 1 
When and where was the next English settlement made ? 
What was their number % 

To what sect did they belong 1 
What two great objects had they in view 1 
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INSTRUCTOR. 13 

a new Colony in the wilds of America, where both 
themselves and their descendants might enjoy 
equal civil and religious liberty. 

Therefore, as soon as they had prepared dwell¬ 
ings for themselves, they erected churches and 
school-houses, and commenced the cultivation of 
the land. Other settlements were soon after made 
in various places by new English emigrants, hold¬ 
ing the same moral principles. Thus the industry, 
intelligence, Christianity and enterprise of the 
early settlers, laid the corner stone of our present 
powerful Republic. 


SPANISH AND OTHER SETTLEMENTS. 

At this time Spain was tyrannizing over Holland. 
To escape from her tyranny a colony of Dutch 
came over in 1613, and settled on the banks of the 
Hudson river, at Albany, New-York. As they 
settled on lands claimed by England, by right of 
discovery , they were compelled to become subjects 
of the English government. For the same reason 
a colony of Danes, who had settled at Bergen, in 
New Jersey, in 1624, and a colony of Swedes and 
Finns, who commenced a settlement at Cape Hen- 
lopen, in Delaware, were compelled to become sub¬ 
jects of England. 


Why were the Dutch settlers at Albany compelled to become 
subjects of the British Government ? 


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14 GOVERNMENTAL 

In 1634, St. Mary’s, in Maryland, was settled by 
a colony of Catholics, who were driven from 
England by the oppressive measures of Charles I. 
They too, like the protestants, founded their colony 
on the broad basis of civil and religious liberty. 

The Bourbon Kings of France oppressed their 
protestant subjects, and in 1663, a colony of French 
fled from their own “ vine-clad fields,” and com¬ 
menced a settlement on the Mississippi river. The 
same causes continuing to operate in France, other 
colonists followed, who settled in different places 
in the Western and South Western States. 

The English, in the French and Indian wars 
which commenced in 1755, and ended with the 
peace of 1763, drove the French from a part of 
the territory they claimed, and the remainder of 
it was purchased of France by the United States, 
in 1803, for fifteen millions of dollars. 

Thus, the French claim to lands in North Amer¬ 
ica was extinguished, and the United States ac¬ 
quired undisputed title to that vast extent of coun¬ 
try, then known by the general name of Louisiana. 

So, we perceive, that the attempt of England, 


When was St. Mary’s settled, and by whom! 

What is said of a colony of French 1 
When did the French and Indian war commence and end 1 
How was the French title to lands in America extinguished 1 
How much did the United States pay for Louisiana 1 
What was the effect of the attempt to crush the rising spirit of 
liberty in Europe 1 


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INSTRUCTOR. 


15 


Spain, and France, to crush the rising spirit of 
liberty in Western Europe, was the means of peo¬ 
pling the United States with a class of men whose 
love of freedom outweighs all other considerations. 

Or, as one of the eminent writers of that day 
expressed it,—“ The Lord has sifted three nations 
for good seed to sow the wilderness.” 


ORIGIN OF THE REVOLUTION. 

The increasing prosperity and wealth of the 
English colonies in America, at length began to 
excite the avarice of the mother country. 

With the hope of raising a revenue, she com¬ 
menced and continued a course of unjust and op¬ 
pressive legislation, which cost her an expensive 
war of seven years, and ended with the loss of 
thirteen of her most valuable colonies. 

In 1651, she passed the Navigation Act, requir¬ 
ing all the Colonial trade to be carried on by Eng¬ 
lish vessels, and soon after imposed heavy duties 
on all exports from the colonies. She prohibited 
all trade from one colony to another in home man¬ 
ufactured articles. She prohibited the manufac¬ 
ture of steel and iron. She would not allow a 


What was said by a writer of that day 1 
What excited the avarice of the mother country 1 
What did the unjust legislation of England cost her ? 
What did the Navigation Act require 1 


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16 GOVERNMENTAL 

forge to be erected in America, and therefore the 
Colonists were compelled to send to England, at 
great expense, for all their steel and manufactured 
iron of every description. 

The revenue derived by England, from all of 
these several sources, finally amounted to ten mill¬ 
ions of dollars , annually ; but she was still unsatis¬ 
fied, and another mode of increasing her revenue 
was resolved upon, namely, taxation. 

Accordingly, in 1765, the “ Stamp Act” w r as 
passed, imposing a tax on all mortgages, conveyan¬ 
ces, wills, letters of administration, insurances, bills 
of lading, clearances of vessels, promissory notes, 
receipts, & lc . ; in a word, upon every piece of paper 
or parchment used in the civil or criminal courts. 
The tax on a single paper of some kinds, was up¬ 
wards of forty dollars. Newspapers and Alma¬ 
nacs were taxed double their cost. A single ad¬ 
vertisement was taxed over forty cents. 

The news of the passage of this act, caused a 
universal burst of indignation through the colonies. 
Public meetings were held, and resolutions passed, 
denouncing the act. The officers who were ap¬ 
pointed to distribute the stamped paper and collect 


How great was the revenue paid to England before this act? 
What other mode was adopted to increase her revenue ? 

When was the Stamp act passed ? 

On what did this act impose a tax ? 

What effect did the passage of this act produce in the colonies ? 
What did the officers do whose duty it was to collect the tax ? 


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INSTRUCTOR. 17 

the tax, were all compelled, by the people, to re¬ 
sign their offices. 

And when the paper arrived from England, the 
people would not allow any of it to be landed, so 
every piece of it was returned to England. 

When the English government found the Stamp 
Act could not be enforced, it was repealed. But 
its repeal was coupled with another Act almost as 
odious to the people, declaring that Parliament had 
a right to bind the colonies in all cases whatsoever. 

In 1768, British soldiers were sent over, and 
stationed in Boston, Massachusetts, to “dragoon 
the Bostonians into what was called their duty.” 

England next imposed a burdensome duty on 
Tea, Glass, Painter’s Colors, &c. 

In 1773, three vessels laden with this taxed tea, 
arrived in the harbor of Boston. Immediately 
after its arrival some thirty persons, disguised as 
Indians, rushed on board the vessels and threw all 
the tea into the sea. 

This occurrence so incensed Parliament, that in 
March, 1774, they passed the famous “ Boston Port 
Bill ,” prohibiting all trade with the city of Boston. 


What became of the paper 1 
Was the Stamp act repealed 1 

What other odious act was passed at the same time 1 

When were British soldiers sent to Boston 1 

On what was a duty next imposed 1 

What became of the tea which was brought to Boston 1 

What bill did Parliament then pass, and what prohibit 1 










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18 GOVERNMENTAL 

By this bill the port of Boston was ordered to be 
closed, and goods of all descriptions were prevented 
from being either shipped or landed. 

These unjust and oppressive measures at length 
aroused the people, and a general meeting of all the 
colonies was called, to meet at Philadelphia on the 
4th of September, 1774, to consult for the com¬ 
mon welfare and defence of the country. 

The breach between the mother country and her 
colonies was now rapidly widening ; and on the 
19th of April, 1775, the battle of Lexington was 
fought, which commenced the great drama of the 
Revolutionary War. 

All hope of reconciliation with England was 
now abandoned, and on the 4th of July, 1776, the 
Continental Congress, then assembled at Philadel¬ 
phia, declared that “ America was, and of right 
ought to be free and independent.” 

This act severed the thirteen American Colonies 
forever from England, and established a new na¬ 
tion which has since been known and recognized 
by the name of the United States of America. 

On the 3d of September, 1783, Great Britain 
entered into a treaty with the United States, by 
which she recognized their Independence, and re¬ 
linquished forever all claim to them. 


When and where was a general meeting of the colonies called 1 
When was the battle of Lexington fought ? 

When was the Declaration of Independence made 1 


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INSTRUCTOR. 19 

Thus, all the title which England had to the ter¬ 
ritory comprised within the thirteen colonies, be¬ 
came now securely vested in the United States. 


NATURE AND ORIGIN OF LAWS. 

Were a man to live separate and apart from all 
other persons, like Robinson Crusoe, on the Island 
of Juan Fernandez, he would be independent of 
all human governments, and all civil laws. He 
would have no social duties to perform and no hu¬ 
man punishments to fear. He would be absolutely 
free, in a liberal sense of the term. 

He could do anything he pleased, provided it 
was not contrary to the Divine law. But if anoth¬ 
er person were to join him, then reciprocal duties 
and mutual claims upon the assistance of each other 
would immediately arise. 

Each would be equally entitled to a share of the 
common bounties of nature around them. Each 
would be bound to relinquish some portion of his 
wild natural liberty, for the common good of both. 


When did Great Britain enter into a treaty with the U. States 7 
What became of England’s title to territory in the colonies ? 

Under what circumstances would a man be independent of all 
human governments 7 

Would he have any social duties to perform 7 
What one law would he be bound to obey '! 

To what bounties would each be entitled 7 

-_-—-O 


O 






o 


o- 

20 GOVERNMENTAL 

Each would have rights with which the other 
would be bound not to interfere. Neither could 
command or rule over the other without his consent; 
but both together might make rules and regulations 
which both, or either, would be bound to obey. 

Were they to be joined by a third person, the 
new comer would also be entitled to a portion of 
the gifts of his Creator, and he would likewise 
have a claim upon the sympathies and assistance 
of his companions. Every new addition to their 
numbers would create new relations and new du¬ 
ties, and call for a surrender of another portion of 
their natural liberty. 

Thus, in proportion as the community become 
larger and larger, additional duties would continue 
to arise, and a new surrender of natural rights 
would necessarily follow. 

If there were but one person , his will would be 
sovereign. If there were two , or three , or thou¬ 
sands or millions , the united will of all would be 
sovereign, and every one would be bound to obey 
this united will whenever it was expressed. For 
the united will of all commanding any thing to he 
done, or not to be done, is a law. And all who have 


To what would a third person be entitled 1 

When must a person surrender a portion of his natural liberty 1 

If there is but one person what is sovereign I 

If there are two or more what is sovereign I 

What is a law 'l 

Who are bound to obey it I 

---_Q 


o- 














o- 


■o 


INSTRUCTOR. 21 

participated in enacting a law are parties to the con¬ 
tract, and are bound to abide by and obey it. 

But it is not necessary that every one should 
have concurred in passing a law, in order to make 
it binding upon all. It is sufficient if it has been 
passed by a majority. Those who are opposed to 
it are as much bound to obey it, as those in favor 
of it, provided they belong to the same nation, and 
are included in the same political organization. 
For by entering into civil society, they have tacitly 
covenanted and agreed that the majority shall rule; 
and they are not at liberty to nullify the contract 
at pleasure. The only way in which a minority 
can escape obedience to a law passed by the major¬ 
ity, is to rebel and form a new nation. 


WHENCE THE RIGHT TO RULE IS DERIVED. 

When a community is large, or when dangers 
threaten, it becomes inconvenient for the whole 
people to assemble as often or as promptly as the 
exercise of the sovereign will may require. A na¬ 
tion of twenty millions, could not assemble together 
to enact a law, and yet every law must originate 
from the people. 

They therefore select from among themselves a 


Upon whom is a law binding 1 

When a nation is large, how do they make laws 1 

What are those called who are authorized to act for the whole ? 

-o 


O- 











o 


■o 


22 GOVERNMENTAL 

small number of Representatives whom they au¬ 
thorize to act in the name, and for the good of the 
whole. These few represent , or stand in the place 
of the whole. 

The sovereign power which resides in the whole 
united, has, for the time being, and for the purposes 
specified, been delegated to these few. And this 
power can be exercised only in such a way, and so 
far, and for so long a time, as the will of the people 
has authorized. And any act done, or law passed 
by these representatives, is as binding on every 
one of the people as if it had been passed by the 
whole nation assembled in council. 

The ruler or law maker, is only the servant of 
the people, who are the true sovereigns. If any 
one who has not been chosen by the express act, 
or tacit consent of the people, assumes the right of 
ruling, or enacting laws, no one is bound to obey 
him, or his laws. For the right to govern must 
arise from the consent of the governed. 

Though the right of governing may have been 
exercised by a single family for centuries, with the 
consent of the people of the nation, yet the people 
in their sovereign capacity, may at any time with¬ 


in what way and for how long a time, are Representatives to ex¬ 
ercise the power entrusted to them ? 

How binding are laws passed by Representatives 1 
Who are the true sovereigns 'l 

May the right of governing be in the same family for centuries 1 
---o 


O 





INSTRUCTOR. 


o- 


—o 

23 


draw their consent, and then the ruler’s right to 
govern is extinguished. 

Thus, the people of England, having been ruled 
for several successive generations, by the Stuarts, 
at length resumed the sovereign power. And 
Charles I. was not only hurled from the throne, 
but also deprived of his life, and Oliver Cromwell 
was chosen chief ruler in his stead, under the new 
name of Protector. 

But the family of Cromwell were afterwards 
deprived of their princely power by the same sove¬ 
reign will of the people, and the Stuart family were 
restored to the throne. 

Thus, also, the people of France, after having 
allowed themselves to be ruled over by a long line 
of hereditary Bourbon Kings, at length resumed 
the sovereign power, and Louis the XVI., was de¬ 
posed and beheaded. So Bonaparte seized the scep¬ 
tre, and having run his short and ambitious career, 
he was stripped of his power, and the Bourbons 
were restored to the throne. 


It matters not what may be the form of govern¬ 
ment ; whether the chief ruler is called a King, as 
in England ; an Emperor, as in Russia; a Sultan, 
as in Turkey ; a Calif, as in Arabia ; or a Presi- 


What is said of Charles I. 

What is the chief ruler called in England 'l 
What in Russia 'l What in Turkey 1 
What in Arabia 1 
What in the United States % 


O 


■o 














o- 


o 


24 GOVERNMENTAL 

dent, as in the United States ; his right to rule is 
derived only from the consent of the ruled. 

The mode in which this consent is expressed, is 
different in different countries. In England, and 
most other monarchial countries, the crown has 
been made hereditary, by an act of Parliament, 
and the order of its descent has been fixed. There¬ 
fore, upon the death of a King, the people express 
their consent to be governed by the successor de¬ 
signated by Law, by crowning him King. The 
simple act of crowning , is a mere ceremony per¬ 
formed by a few; but the silent acquiescence, or 
open approval of the nation, is the act of the 
whole people; and the new King thus commences 
his reign with the consent of the ruled. 

In the United States, the President is chosen 
every four years, by the people themselves, by 
ballot, which is the most direct and certain mode 
of expressing their consent. 

In order to aid the chief ruler in ruling in ac¬ 
cordance with the wishes of the people, most na¬ 
tions, in modern times, have adopted a Constitution 
and Code of Laws , which they have bound them¬ 
selves to obey, and by which the ruler has bound 
himself to govern. Thus, the United States, Eng- 


Whence is a ruler’s right to rule derived 'l 
How is the consent of the ruled expressed 1 
How is it expressed in England 7 
How expressed tn the United States ? 

What have most nations adopted which they are bound to obey 'l 





o 


-o 

INSTRUCTOR. 25 

land, France, &c., have their constitutions and 
laws, which are regarded by the people. 

In this constitution and code of laws is em¬ 
bodied the will of the people ; and if the ruler neg¬ 
lects or refuses to obey this will, or acts contrary 
to it, he forfeits his right to rule, and if he is a 
president may be impeached , and if a king, or 
queen, may be deposed. 

When George III., the King of Great Britain, 
encroached upon the constitutional rights, and 
chartered privileges of the American Colonies, he 
forfeited his right to rule over them, and they were 
no longer bound to recognize or obey him. They, 
therefore, threw off all allegiance to the British 
crown, and declared that they “ Were, and of right 
ought to be, free and independent states.” 

We have said that England claimed most of the 
land now contained within the present limits of 
the United States, by right of discovery ; and that 
such a right was considered by the European pow¬ 
ers as furnishing a valid title. All persons, there¬ 
fore, who settled on this land, so claimed, became 
subjects of the English Government, and a part of 
the British Empire. 

The king of England, by instruments of writing 


In what is the will of the people embodied 1 

What if a ruler acts contrary to the constitution and laws 1 

What example is given 'l 

Why did the early settlers of the American colonies become 
subjects of England 1 


o- 


3 


•o 







o 


O- 

26 GOVERNMENTAL 

called charters , granted certain rights and privi¬ 
leges to the several American Colonies, allowing 
them to form legislatures of their own, and 
to pass all local laws necessary for their own pre¬ 
servation and convenience, provided they were not 
in opposition to the general laws of the British 
Empire, which were to be considered as supreme. 

The king also appointed governors for some of 
the colonies, as his representatives to sign the laws 
passed by the colonial legislatures, and thus give 
them validity; and also to exercise the executive 
authority in his name. 

The colonies were therefore not only subject 
to the laws passed by their own colonial legisla¬ 
tures, but also were bound to obey the acts of 
parliament, which were expressly applied to them. 

Each colony, though a part of the same empire, 
was independent of the other. There never was 
any political connexion between them except such 
as resulted from their common origin, common 
sufferings and common sympathies. 


ORIGIN OF THE CONTINENTAL CONGRESS. 

In times of common danger, the colonies often 
chose delegates to meet in convention, and consult 


What rights did the king grant by charters i 
By whom were the governors of the colonies appointed 1 
To what two kinds of laws were the colonists subject 'l 
What was the relation of the colonists to each other 'l 

----Q 


O 
















o . .—o 

INSTRUCTOR. 27 

for the common welfare. The result of their de¬ 
liberations was expressed in resolutions and re¬ 
commendations. For, as no legislative power was 
granted to them, they could enact no law. Such 
a convention possessed no nationality, nor no sove¬ 
reignty. And yet, so great was the confidence of 
the people in the wisdom and patriotism of those 
men, thus assembled in convention, that their re¬ 
commendations were generally immediately adopted 
by the legislatures of the several colonies. 

In 1765, a convention of the colonies was called, 
by a resolution of the assembly of Massachusetts, 
to consult upon the difficulties in which they were 
involved, by the encroachments of the British 
Government upon their constitutional rights and 
chartered privileges. 

Delegates were chosen by nine of the colonies, 
who met in the city of New York, in October of 
the same year, and set forth their grievances in a 
memorial, petitions, &c., which were signed by the 
delegates from six of the colonies; the other dele¬ 
gates did not sign, not having been instructed. 

Those colonies which had not sent delegates, 
afterwards adopted the same sentiments by reso¬ 
lutions , warmly approving of the proceedings of 
this first Continental Congress. 


In times of danger what did the colonies do 1 
Why could these conventions pass no laws 'l 
What did the legislatures of the colonies do I 
When was a convention of colonies called 'l 
How many colonies chose delegates ? 

o—----° 






-o 


O-- 

28 GOVERNMENTAL 

This was merely a deliberative congress of sepa¬ 
rate colonies ; no one of which, nor any number 
of which, had any power to bind any other, or 
each other, or to enforce obedience to any one of 
their own enactments. 

The sovereign power still remained in the king, 
and each of the colonies separately. 

The dispute between the colonies and the 
mother country becoming warmer and warmer, a 
second Continental Congress was resolved upon 
by the several colonies. Accordingly, on the 5th 
of September, 1774, delegates from eleven of the 
colonies met at Philadelphia. 

They met, as did the first congress, to deliberate 
and recommend. And so great was the common 
danger, and so strong the confidence of the people 
in this congress, that their recommendations were 
obeyed as promptly as if they had been laws with 
penalties for their disobedience annexed. 

The business for which they had assembled hav¬ 
ing been transacted, this congress adjourned in 
October, having resolved to meet again on the 10th 
of May, 1775, if the situation of the colonies 
should seem to require it. 


What power had this first continental congress 7 

Where did the sovereign power still remain 7 

When and where did the second congress meet 7 

How many colonies sent delegates 7 

For what did this congress meet 7 

What is said of the confidence of the people 7 

On what conditions did this congress adjourn to meet again 7 


O 


-o 





o 


•o 


INSTRUCTOR. 29 

The long train of abuses practised upon the 
American colonies by the British government, had 
now reached a point beyond which “ forbearance 
ceased to be a virtueand the people having tried 
unsuccessfully all other modes of appeal, now ap¬ 
pealed to arms. And on the 19th of April were 
fought the battles of Lexington and Concord. 

The situation of the country being more critical 
than ever, congress re-assembled at Philadelphia 
on the 10th of May. All of the thirteen colonies 
sent delegates to represent them in this congress. 
The whole number of delegates was sixty-four. 

The delegates from each colony were clothed 
with more power than before, having been author¬ 
ized by the colonies which they represented, to 
transact all business necessary for the common 
good of the country. 

One of the first important acts of this congress, 
was the electing, by unanimous ballot, of George 
Washington Commander-in-chief of all the forces, 
on the 15th of June, 1776. 

Two days afterwards the battle of Bunker Hill 
was fought, which put an end forever to all hopes 
of reconciliation with Great Britain. 

A committee of five were appointed by congress 
as early as the 11th of June, to prepare a Dcclara- 


Whatwas the last appeal the people made 1 
How many colonies sent delegates to this congress 1 
What power had the delegates 1 
Who was elected commander-in-chief 1 


3* 












o- 


•o 


30 GOVERNMENTAL 

tion of Independence. The committee consisted 
of Thomas Jefferson, John Adams, Benjamin Frank¬ 
lin, Roger Sherman, and R. R. Livingston. It was 
proposed that each member should draft a paper 
according to his own feelings and sentiments, and 
submit the same to the consideration of the com¬ 
mittee, and that the draft which seemed to embody 
sentiments most congenial to the feelings of the 
whole, should be adopted by the committee. 

Mr. Jefferson’s was the first production read, and 
it so fully met the views of the other members of 
the committee, that it was at once adopted. So 
the Declaration thus agreed upon was presented to, 
and approved by congress, and publicly proclaim¬ 
ed on the 4th of July, 1776, declaring the united 
colonies to be free and independent States. 


DECLARATION OF INDEPENDENCE. * 

From the moment that the Declaration was pub¬ 
lished, the thirteen colonies ceased to form a part 
of the British Empire, and become thirteen sove¬ 
reign States, owing no allegiance to each other, nor 
to any other government whatever. They were 
thirteen separate, independent nations, each pos- 


When was the declaration of independence made 1 
Who were the committee appointed to draft it? 

Who penned the declaration of independence 1 
From that moment what did the colonies cease to be \ 
And what did they become ? 


o 


o 













o 


O 

INSTRUCTOR. 31 

sessing all the power of self-government and abso¬ 
lute sovereignty. This Continental Congress thus 
became in fact a Congress of Nations. 

But the Declaration of Independence was only 
a formal declaration to the world of that which 
had already in effect been done separately by each 
of the colonies. For previous to the declaration, 
four of the colonies had adopted constitutions, and 
become independent states; and a fifth colony 
were forming a constitution. The remaining col¬ 
onies had ceased to recognize or obey the authori¬ 
ty of Great Britain. 

Thus it appears, that the political connexion be¬ 
tween Great Britain and each of the thirteen colo¬ 
nies had, in reality, been completely severed before 
the 4th of July, 1776. 


RECAPITULATION. 

We have seen that sovereignty is the natural 
gift of the Creator to man ; that men when they 
become members of civil society, yield up a part 
of their natural rights, still retaining their sove¬ 
reignty as to the exercise of the remainder ; that 
the sovereign power in a nation is the united will 
of the people ; that the people of each nation owe 
allegiance to the sovereignty of their own nation 
and to no other; that a nation or body of men may 


What had taken place previous to the declaration? 


6 - 


-O 







o 


■o 


32 GOVERNMENTAL 

appoint any person, or persons to act in their stead, 
and that all acts so done in pursuance of that trust 
are as binding upon the people as if done by the 
united voice of the whole nation assembled togeth¬ 
er ; that part of the sovereignty of the American 
colonies was vested in the king and parliament of 
Great Britain, and a part of it retained in their 
Provincial Assemblies ; that there was no political 
connexion between the several colonies ; that when 
each of the colonies assumed to itself that part of 
the sovereign power formerly vested in the king 
and parliament, it became a free and independent 
state ; and that the Continental Congress became, 
therefore, a Congress of Nations. 


ARTICLES OF CONFEDERATION. 

In the infancy of the colonies, the fear of In¬ 
dian depredations often called the people together 
in conventions. From these small beginnings, as 
we have seen, finally arose the Continental Con¬ 
gress, and the Articles of Confederation sprung 
from the Continental Congress; and our present 
glorious Constitution sprung from the Articles of 
Confederation. Our Constitution is, therefore, 


In the infancy of the colonies what called the people together in 
conventions 1 

What is our constitution the result of 'l 


O 


-6 






O- 


o 


INSTRUCTOR. 33 

the result of a long course of gradual improve¬ 
ments suggested by the necessity of the case. 

The Continental Congress above mentioned, 
continued through the Revolutionary war. Great 
inconvenience was experienced on account of the 
want of power to enforce obedience to measures 
necessary for the safety and defence of the coun¬ 
try. Dissatisfaction also arose by reason of each 
state having but one vote, as thereby a small state 
had as much influence in the congress as a large 
one. They were separate independent nations, 
and as long as they remained so, could not well 
meet on any other principle, consistently, than 
perfect equality in all respects. 

To remedy these evils, a committee was ap¬ 
pointed immediately after the declaration of in¬ 
dependence, to prepare Articles of Confederation , 
to be entered into between the several colonies. 
The report of this committee was adopted by con¬ 
gress on the 15th of November, 1777. 

But these articles possessed no binding force till 
they were approved and adopted by each of the 
states separately. Eleven of the states adopted 
the articles in 1778, one, in 1779, and the thir¬ 
teenth and last, in 1781. 


What difficulties did the continental congress experience 1 
Why were the large states dissatisfied! 

What was done to remedy these evils ! 

When did the articles of confederation become binding! 
When did the articles of confederation go into operation 1 


o- 


O 






o 


O--*-;- 

34 GOVERNMENTAL 

All the states having ratified the Articles of 
Confederation, a new nation was thus formed 
under the name of the United States of America. 
This new government went into operation on the 
23rd of March, 1781. 

All the powers not conferred by the states on 
this general government, remained in the states, 
so that each state was still sovereign as to all its 
local interests. 

Although far greater powers was granted to the 
confederation, than had been conferred upon the 
previous congress, yet its power was still too limi¬ 
ted to answer all the purposes of a National Gov¬ 
ernment. The bond of union was too feeble. It 
was a mere league or alliance of sovereign states, 
and not a consolidated government. The con¬ 
gress of the confederation acted under the power 
and authority of state legislatures only. They 
could not act directly upon the people, but could 
reach them only by requisitions to be enforced by 
the state laws. Such a government must ever 
have been weak and inefficient, and subject to dan¬ 
gerous delays, and numberless other inconve¬ 
niences, arising out of its peculiar position. 

The people having experienced many of these 
evils, and having foreseen many others, resolved to 
make a still farther improvement, by adopting a 


What become of the powers not conferred on the general govern¬ 
ment 1 £» to 

What were the objections to the articles of confederation ? 


O 


O 





o 


o- 


INSTRUCTOR. 


35 


Constitution which would give a stronger and more 
consolidated form of government. 


ADOPTION OF THE CONSTITUTION. 

Hitherto the several states had acted only as 
separate nations allied together. It was now pro¬ 
posed that the people of each and all of the states, 
should unite themselves together under one Na¬ 
tional Government. 

Therefore, the people of the several states, by 
virtue of the sovereign powers given to them by 
their Creator, chose representatives, who* met and 
prepared a Constitution. 

This constitution was submitted to the legisla¬ 
tures of the several states, and the legislatures 
called conventions of the people in each of the 
several states for the adoption of it. 

By the Seventh Article of the Constitution, the 
ratification of the conventions of nine states, es¬ 
tablished it between the states, so ratifying, and 
constituted them a nation. 


How had the several states acted hitherto 1 
What was now proposed 'l 
By whom was the constitution prepared 1 
To whom was it submitted 'l 
By whom was it adopted 1 

How many states were to ratify the constitution before it could 
go into operation 1 


O 


o 






o 


o- 

36 GOVERNMENTAL 

The preamble of the constitution declares that 
“We, the People of the United States, in order to 
form a more perfect union,” &c.,—“ Do ordain and 
establish this constitution for the United States of 
America.” Now the adoption of the constitution 
was not the act of all the people of the United 
States, acting at once , and as the people of one vast 
nation, but it was the act of the people of each 
state separately. 

At first, the people of only one state adopted it, 
and it read then as it reads now, “ We, the People 
of the United States,” &c., but all “ the people” 
who had then adopted it, were the people of one 
single state. At that time not one of the other 
states had adopted it, and the term, “ We, the 
People,” could not include the people of any of the 
remaining twelve states, for they were not yet 
parties to the constitution. They were still inde¬ 
pendent nations. 

When the people of the second state adopted 
the constitution, they adopted it as the people of 
one state alone. They could not adopt it in con¬ 
junction with the one state which had already 
adopted it, for that would make the first state 
adopt it twice. They could not adopt it in con¬ 
junction with any or all of the remaining eleven 


In what way was the constitution adopted 1 
How did the people of the next state adopt the constitution 'l 
Who composed the'people of the United States when only two 
states had adopted the constitution 1 


o 


O 






o 


o 

INSTRUCTOR. 37 

states, for they had not yet acted at all. They 
could, therefore, adopt it only as the people of a 
single state. 

They too, adopted the whole constitution, with 
its preamble, saying, “ We, the People of the Uni¬ 
ted States, in order to form a more perfect union,” 
&c. When the people of the second state had 
adopted it, then “We, the People,” included the 
people of both states, notwithstanding the people 
of one state had adopted it first. 

In the same way the people of the third state 
adopted the constitution, and thus became part of | 
“We, the People of the United States.” So, also, j 
the people of each successive state adopted it, till j 
the ninth, when, by the Seventh Article, the Con- j 
stitution was established as the government of | 
these nine states, who then composed the “ United i 
i States of America.” And “We, the People of ! 
j the United States,” then included the people of 
these nine states, and no more. The then remain¬ 
ing four states, adopted the constitution in the 
same manner as the previous nine. And when 
they had so adopted it, they were on equal footing 
with each and all the rest. 

By the Third Section of Article Fourth of the 
Constitution, new states may be admitted into the 
union by a vote of congress. In accordance 


Did the whole original thirteen states adopt the constitution ? 
How were new states to be admitted 'l 


O 


4 


O 














o 


_—--o 

38 GOVERNMENTAL 

with this section, new states have been succes¬ 
sively admitted, to the number of thirteen , so that 
now, (A. D. 1845,) the number of States is twenty- 
six , twice the number of the original thirteen. 
Therefore, “We, the People of the United States,” 
now includes the people of the w T hole twenty-six 
states as now organized. 

There is still a large tract of territory belonging 
to, and under the government of, the United States. 
All the people residing on this territory are sub¬ 
ject to the government of the United States. This 
territory has been sub-divided for the purposes of 
government. One tract is called the Territory of 
Iowa, another, the Territory of Wisconsin, &c. 

When the people of any one of these terri¬ 
tories are sufficiently numerous, and apply to con¬ 
gress for admission, they may be admitted into the 
union as another new state, in the same way that 
the thirteen new states have already been admitted 
to the thirteen original states. 

In the same way new states may continue to 
be formed, from the territory lying west of the 
Mississippi, till all may be formed into states, 
even to the mouth of the Columbia River. And 


How many new states have been thus admitted 1 
How many is the whole number of states now 1 
Under what government are the inhabitants of the territories 
belonging to the United States 1 

How can the people of a territory be admitted into the union as 
a state 1 


-o 






INSTRUCTOR. 


O- 


o 


39 


then “We, the People of the United States, will 
extend in one unbroken mass from the Atlantic to 
the Pacific. 


POWERS OP THE GOVERN3IENT. 

We have seen that the states become by the 
Declaration of Independence, free and indepen¬ 
dent nations ; and that the people of the several 
states by the exercise of their own sovereignty, 
adopted a constitution, and thus united the states 
under one National Government. All the powers, 
therefore, possessed by the government of the 
United States, are derived through the constitu¬ 
tion, and were granted by the states, or rather by 
the people of the states. 

These powers are of three kinds, Legislative , 
Judicial , and Executive , which are called the three 
co-ordinate branches of the government. Upon 
these three great powers all governments rest. 

The Legislative power , is the power of malting 
laws , and is sometimes exercised by one man, as 
in absolute monarchies, and sometimes by a num¬ 
ber of men, as in. limited monarchies, and some¬ 
times by the people themselves, as in republics. 


Whence are the powers of the government of the United States 
derived 1 

Of how many kinds and what are they 1 
What is the legislative power 1 


o- 


■O 













40 


GOVERNMENTAL 


In some countries it is vested in two assemblies, 
called houses or chambers, who act separately. 

The Judicial power , is the power of administer¬ 
ing justice according to the laws, and the persons 
appointed for that purpose, are usually called 
Judges . 

The Executive power , is the power of executing 
the laws, which is vested in the chief ruler of a 
nation, and those authorized by him. In the Uni¬ 
ted States, the executive is vested in the president. 
In monarchical governments it is vested in a king. 

Sometimes these three great powers are exer¬ 
cised by one and the same person. Such a govern¬ 
ment is called a despotism. 

Thus, Darius established a decree, that if any one 
asked a petition of any God or man for thirty 
days, except of the king, he should be cast into 
the den of lions. This was a legislative act. 

Daniel was soon after brought before the same 
Darius, who heard the evidence, and pronounced 
sentence against him. This was a judicial act. 

Then the king commanded Daniel to be brought 
and cast into the den of lions. This was an ex¬ 
ecutive act. 


By whom is it exercised 'l 
What is the judicial power 1 

What are those persons called who perform that duty 1 
What is the executive power 'l 

In whom is the executive power vested in the United States'? 

Are the three great powers of government ever vested in one 
person ? 


O; 


-o 











o- 


■o 


INSTRUCTOR, 


41 


Therefore, the whole sovereignty of the Medo- 
Persian Empire was invested in this one man, 
king Darius. His government was therefore a 
despotism. 

If these three great powers are exclusively and 
permanently entrusted to a few persons, such a 
government is called an aristocracy . Such was 
the government of Athens, when under the thirty 
tyrants. 

If these powers are exercised by the people 
themselves, and those appointed by them, the 
government is a democracy. 

In the constitution of the United States, the 
three great powers are entrusted to separate 
persons, and are entirely distinct from each other, 
or nearly so. Liberty of the people can exist only 
where these powers are thus kept distinct. 

If either one of these three great powers en¬ 
croaches upon the others, liberty is in danger. 
And the result is equally dangerous, which ever of 
the powers absorbs the other. 

If the judicial power absorbs or encroaches 
upon the executive or legislative, or if the legisla¬ 
tive encroaches upon the executive or judicial, the 


What example is given 1 
What is an aristocracy 1 

How are the three great powers distributed in the constitution 
of the United States'? 

What is the effect if one of these powers encroaches upon the 
others 1 

How only can liberty be preserved 1 


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42 GOVERNMENTAL 

result is as fatal to liberty as if the executive ab¬ 
sorbed the judicial and legislative. 

Liberty can only be preserved by having these 
three great powers entrusted to different persons, 
who are wholly independent of each other. And 
yet, they should not be absolutely disconnected, 
but should be so arranged as to operate as a check 
upon each other. 

Let us examine each of these powers separately. 
And first, as to the legislative power. 


CONGRESS. 

All the legislative or law-making power granted 
by the constitution of the United States, is vested 
in a congress. This Congress is composed of two 
branches, one of them is called the Senate, and the 
other the House of Representatives. 

These legislative branches are separate and 
independent bodies, and yet every law of the 
United States must pass both branches before it 
can become a law, and, in ordinary cases, it must 
also receive the signature of the president. 

The two branches of the legislature operate 
as a check on each other, and thus tend to prevent 


In what is the legislative power in the United States vested'l 
Of how many branches is congress composed 'l 
What are they called ? 

Must every law of the United States pass both houses'? 

6 --- 


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INSTRUCTOR. 43 

the encroachment of the legislative upon the other 
powers. 

This division of the legislature prevents rash 
and hasty legislation, for after one branch has 
passed an act, it must go to the other branch, and 
they too must pass it before it can become a law. 
This gives time for reflection and examination, and 
cool and candid investigation. If one branch 
passes an injudicious act, the other branch may 
refuse to concur, and thus the act is prevented 
from becoming a law. 

This division of the legislative power, also pre¬ 
vents demagogues from acquiring that influence 
which they otherwise would acquire. For, how¬ 
ever much influence he might gain in one house, 
it would be next to impossible that he could exert 
a similar influence in the other house. 


HOUSE OF REPRESENTATIVES. 

A Representative is one who represents another, 
that is, stands in his place, acts in his name, and 
for him, and does every thing which he himself 
could do if he were present. And the one in 
whose name he acts, is as firmly bound by his acts 


How do the two branches of the legislature operate as to each 
other 1 

What other advantages are mentioned h 
What is a representative 'i 


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44 GOVERNMENTAL 

as if they were done by himself. It would be 
impossible for all the people of the United States 
to meet together and pass laws. All laws of the 
United States, are therefore necessarily made by 
Representatives , that is to say, by the Senate and 
House of Representatives in Congress assembled. 
The latter body representing the people directly, 
and the former body representing the states 
directly , and the people indirectly . 

At present, each state sends one representative 
for every 70,680 inhabitants. The people meet on 
a day, and at places appointed, and vote directly 
for persons to represent them in the house of 
representatives. These representatives, there¬ 
fore, are chosen directly by the people, and are 
responsible to them for the manner in which they 
perform their duty. For they act in the place of 
the people, and all constitutional acts done by 
them, are as much the acts of the people, and are 
as binding upon all, as if they were passed by the 
whole nation assembled together. 

The ratio of representation has varied with 
the increase of population. At first, the house 
was composed of only 65 members. In 1793, it 
was composed of 105 members, that is, one for 


How are all laws of the United States passed? 

Do the senate and house both represent the people ? 

Are the acts of representatives binding on the people whom 
they represent ? 

How has the ratio of representation varied ? 

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INSTRUCTOR. 45 

every 33,000 inhabitants. In 1803, it was com¬ 
posed of 141, one for 33,000. In 1813, of 181, 
one for 35,000. In 1823, of 212, one for 40,000. 
In 1833, of 242, one for 47,700. In 1845, of 223, 
one for 70,680, which is the present ratio of re¬ 
presentation. 

The representatives are chosen for two years. 
They may then be re-elected for another two years, 
and so on, as long as the people of the districts 
which they represent choose to re-elect them. 

Every one who is entitled to vote for a repre¬ 
sentative to the legislature of the state in which 
he resides, is also entitled to vote for a represen¬ 
tative to congress. 


QUALIFICATIONS OF REPRESENTATIVES. 

In order to prevent improper persons from be¬ 
ing elected as representatives, the constitution has 
specified certain qualifications which the candidate 
for that office must possess. 

1. He must be twenty-five years of age. Ex¬ 
treme youth is not often possessed of the wisdom 


Of how many members was the house at first composed ! 

Of how many members is the house now (1845) composed! 
What is now (1845) the ratio of representation 1 
For how long are representatives chosen 1 
Can they be re-elected ! 

Who is entitled to vote for representatives to congress 1 

Of what age must a representative be 1 

Why! 


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46 GOVERNMENTAL 

and experience necessary for the judicious exer¬ 
cise of so important a trust. 

2. He must have been seven years a citizen of 
the United States. For persons born under foreign 
governments and becoming citizens of the United 
States, by naturalization, cannot reasonably be 
supposed to have become sufficiently familiar with, 
and attached to, our institutions in a shorter period. 

In England, the law is still stronger against natu¬ 
ralized citizens, for there, no alien, though natural¬ 
ized, can be a member of either house of the Brit¬ 
ish Parliament. 

3. He must, when elected, be an inhabitant of 
that state in which he shall be chosen. A repre¬ 
sentative should be personally acquainted with the 
condition and wants of his constituents. 

There is no property qualification required, nor 
is there any religious test. The poorest may as¬ 
pire to the office as well as the richest. 

Representatives and direct taxes are apportioned 
among the states according to their numbers. And 
the numbers are determined, in the slave states, 
by adding three-fifths of the slaves to the free per- 


How long must he have been a citizen of the United States ? 
Why 7 

What is the law of England as to representatives ? 

Where must a representative reside 'l 
Why 1 

Is there any property qualification or religious test 1 
How are representatives and direct taxes apportioned 1 


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INSTRUCTOR. 47 

sons. This was a compromise between the slave- 
holding and non-slave holding states. 

Although representatives and direct taxes are 
apportioned in a similar manner, yet they are not 
in any way connected with, or dependent upon 
each other. The District of Columbia and the 
Territories of the United States have no repre¬ 
sentatives in congress, and yet are subject to taxa¬ 
tion with other citizens of the government. 

Each state shall have at least one representa¬ 
tive. Delaware and Arkansas have each but one 
representative at present, they being two small 
states. New York has 34 representatives, which 
is the largest number any state now has. 

The ratio of representation established by act 
of congress in 1843, is, as we have seen, one for 
70,680 inhabitants. 

In six of the states, an additional representative 
is allowed for the fractional numbers remaining. 
The house of representatives is now (1845) com¬ 
posed of 223 members. 

How are these numbers determined 1 

Why was this arrangement made 7 

Are representatives and taxes dependent upon each other 7 

Are there any persons in the United States who are taxed but 
not represented 7 

What is the smallest number of representatives a state can 
have 7 

Which State now has the largest 7 

Are there any representatives allowed for the fractional num¬ 
bers. 

How many such are there now 7 


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48 GOVERNMENTAL 

If a vacancy happen in the representation by 
death, resignation, or otherwise, the executive of 
the state may issue a writ of election to fill the 
vacancy. 

The house of representatives choose their own 
speaker and other officers. The house also has 
the sole power of presenting a person for im¬ 
peachment. 


SENATE. 

We have said that the legislative power in the 
government of the United States is vested in a 
congress, and that congress was composed of two 
branches, the house of representatives and the 
senate. We have already spoken of the house ; 
let us now examine the senate. 

The senate of the United States is composed 
of two senators from each state. The present 
number of senators is, therefore, fifty-two. Each 
senator has one vote. The political power and 
influence of all the states, great and small, is equal 
in the senate. Thus, the little state of Rhode 
Island has two senators, and the large state of New 


How are vacancies in the house filled'? 

How is the speaker of the house chosen 1 
What part does the house take in impeachments 'l 
Of what is the senate of the United States composed 1 
What is now (1845) the number of senators'? 


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INSTRUCTOR. 


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49 


York, with about twenty times as many inhabit¬ 
ants, has no more. The senate, in some respects, 
resembles a congress of nations. 

If the large states out vote the small ones in the 
house, the small ones have an equally dispropor¬ 
tionate influence in the senate; so that one legis¬ 
lative branch counterbalances and checks the other. 


SENATORS, HOW CHOSEN. 

The senators are not chosen directly by the 
people, but are elected by the legislatures of the 
several states. The people vote directly for mem¬ 
bers of their own state legislatures, and the mem¬ 
bers of the state legislators vote directly for the 
senators. The senators are therefore the repre¬ 
sentatives of the state governments. 

The time for which the senators are chosen is 
six years. Being elected for so long a period, and 
being the direct representatives of the states them¬ 
selves, the senate is necessarily a very important 


Is the power of each state equal in the senate ? 

What does the senate resemble 1 

Do the large, or the small states have the advantage in the 
senate 1 

Which has the advantage in the house 1 
How are the senators chosen I 
What do the senators represent % 

For what time are the senators chosen 1 













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50 GOVERNMENTAL 

body. Each senator feels as if the interests of 
his own state were intrusted to himself and his co¬ 
senator. And the eloquent and powerful arguments 
which have been made in the senate on questions 
of state rights , prove the zeal and fidelity with 
which the senators have labored for the interests 
of their respective states. 

The length of time for which they hold their 
office, affords the senators an opportunity of be¬ 
coming well acquainted with the mode of transact¬ 
ing business. It also renders the government of 
the United States less vacillating and changing 
than it would be if the term of office was shorter. 
This is of great consequence in entering into com¬ 
mercial relations and treaties with foreign govern¬ 
ments, business which necessarily devolves, in part, 
upon the senate. 

The senate is divided into three classes, so that 
they do not all go out of office at once, but one 
third go out every two years, and a new third are 
elected to fili their places. 

If a vacancy occur in the senate, by resignation 
or otherwise, during the recess of the legislature 
of the state, the executive of the state makes a 
temporary appointment till the legislature meets. 


Why do questions of state rights originate in the senate rather 
than in the house 7 

What advantage is there in having the terra of senators so long 1 

How is the senate divided 7 

How many go out of office every two years 7 


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INSTRUCTOR. 


51 


QUALIFICATIONS FOR A SENATOR. 

1. To be a senator, a person must be thirty years 

of age. The senate being a smaller, and in some 

respects a more important body than the house, 

and the interests of the states being intrusted to 

© 

them, the experience of mature years appears to 
be a necessary qualification. 

2. To be a senator a person must have been 
nine years a citizen of the United States. Nine 
years residence is not sufficient. lie must have 
been nine years a citizen. The senate participates 
in the transactions of the government with foreign 
nations. It is not to be supposed that foreigners 
coming to the United States and being naturalized 
would lose their attachment to their native land, 
and become sufficiently identified with the inter¬ 
ests of their adopted country in less time than a 
nine years citizenship. 

3. To be a senator, a person must be an in¬ 
habitant of the state from which he is chosen. 
He should not only be familiar with the condition 


How are vacancies in the senate filled during the recess of the 
legislature 7 

What is the first qualification for a senator mentioned 7 

Why should he be thirty years of age 7 

What is the second qualification mentioned 7 

Why is it necessary he should be nine years a citizen 7 

What is the third qualification mentioned 7 

Why 7 


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52 GOVERNMENTAL 

and wants of the state, but should have a personal 
interest and responsibility in all measures affecting 
the rights of the states. 

As in the case of representatives, so in the case 
of senators, no religious test or property qualifi¬ 
cations are required. 

The Vice President of the United States is the 
President of the Senate. He has no vote, unless 
there is an equal division, and then he gives the 
casting vote. 

The senate chooses all its other officers, and also 
a President pro-tempore, in the absence of the 
Vice President. 


IMPEACHMENTS. 

The senate has the sole power to try all im¬ 
peachments. 

The house has the sole power of presenting all 
persons for impeachments, and the senate has the 
sole power of trying them. 

The house, like a grand jury, find a bill against 
a person, in other words, the house is the accuser , 


What is said of religious test and property qualifications 'l 
Who is the president of the senate 1 
Has he any vote 1 

When does the senate choose a president pro tempore 1 
What power has the senate in impeachments 1 
What power has the house 'l 

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INSTRUCTOR. 


53 


and the senate, like a court, try the accused, and 
pass judgment upon him. This judgment of the 
senate extends only to removal from office. But, 
•if the senate think proper, they may add a dis¬ 
qualification ever afterwards, to hold any office of 
honor, profit, or trust, under the United States. 

The person impeached, is also liable to be in¬ 
dicted, tried and punished for the same offence, 
according to law. 

The power of trying impeachments, which is a 
judicial act, we have said is intrusted to the senate, 
and yet the ^senate is a legislative body. This, is 
then a slight intermingling of the legislative and 
judicial powers. But it is rather advantageous 
than otherwise. 

The senate is the most suitable body in the 
United States for the trial of such cases. It is 
composed of men of mature age, of distinguished 
talents, and of experience. Men, in whose wis¬ 
dom and integrity the whole union have confi¬ 
dence. It is a body sufficiently large to judge 
wisely, and sufficiently small to judge coolly. 

The senators being elected by the legislatures, 
are not directly responsible to the people, and, are 


How faf does the j udgment of the senate extend 1 

Can a person who is impeached be indicted for the same offence 7 

Is trying an impeachment a legislative or.judicial act 1 ' 

Why is the senate the most suitable body for the trial of impeach¬ 


ments 1 










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54 GOVERNMENTAL 

therefore in a great measure, independent of local 
influences. 

They are also political men, acquainted with all 
the duties and rights of public officers, and the 
offences for which a person may be impeached ; 
are offences “ committed by public men in violation 
of public trust and duties.” 

The house would not be a suitable body for the 
trial of impeachments, for its numbers are too 
large. And besides, they are the direct represen¬ 
tatives of the people, and, therefore, subject to 
local influences. 

The Supreme Court of the United States is too 
small a body to be intrusted with the trial of im¬ 
peachments, and besides, the same person might 
also come up before that court on an indictment, 
and thus he might be tried twice for the same 
offence, by the same tribunal. 

The senate, when sitting as a court of impeach¬ 
ment, must be on oath or affirmation, as is customary 
with all civil and criminal courts. 

If the President of the United States should be 
tried, the Chief Justice of the United States 
would preside. He is the head of the judicial 


What are the offences for which an officer may be impeached 1 

Why would not the house be a suitable body to try an impeach¬ 
ment 7 

Why would not the Supreme Court of the United States be a 
suitable body 1 

If the President of the United States were to be tried, who would 
preside 'i 

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INSTRUCTOR. 55 

department, and therefore the most suitable person 
to preside when the executive of the nation is on 
trial. 

No person can be impeached without the con¬ 
currence of two-thirds of the members present. 

In England, the House of Lords impeach or 
acquit by a mere majority. 

The President, Vice President, and all other 
officers of the United States, whether executive 
or judicial, except officers in the army and navy, 
are liable to impeachment. 

No representative or senator is liable to im¬ 
peachment. 

The time, place, and manner of holding elections 
for senators and representatives, is prescribed in 
each state by the legislature thereof, but congress 
may, at any time, by law, make or alter such 
regulations, except as to the place of choosing 
senators. 

Congress meets regularly once a year, at Wash¬ 
ington, on the first Monday of December, until a 
different day is appointed. 

An extra session of congress may be called on 


How many members must concur in an impeachment 1 
What is the law in England 1 
What officers may be impeached 1 
Can a representative or senator be impeached 1 
What is said of the time, place, and manner of holding elections 
for senators and representatives 't 
How often, when, and where does congress meet'? 

How can an extra session be called 1 


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56 GOVERNMENTAL 

extraordinary occasions, by proclamation of the 
President of the United States. 


POWERS OP EACH HOUSE. 

Each house is the judge of the election returns, 
and qualifications of its own members. 

This power must be lodged somewhere, or the 
halls of congress would be liable to be filled with 
impostors. If it were lodged in any other body 
it would be dangerous to the legislative department. 
A majority of each house constitutes a quorum. 

A smaller number may adjourn from day to day, 
and may compel the attendance of absent members. 

“ Each house determines the rules of its pro¬ 
ceedings, punishes its members for disorderly 
behaviour, and by a vote of two-thirds may expel 
a member.” No assembly of men can transact 
business with order and deliberation, without the 
power of making and enforcing its own rules. 
This is necessary for its own dignity and self- 
preservation. 


Who is the judge of elections ? 

How many constitutes a quorum 1 
What is meant by a quorum 1 
Who makes the rules for each house ? 

Huw many votes are required to expel a member 1 


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INSTRUCTOR. 


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57 


JOURNALS OP CONGRESS. 

Each house keeps a Journal, which is published 
from time to time, except such parts as the welfare 
of the country requires should be kept secret. 

A journal is simply a record. At the request of 
one-fifth of the members present, in either house, 
the yeas and nays must be entered on the record. 
That is, the names of all the members voting for a 
measure, are written down together under the head 
of “ yeas” and the names of those voting against 
it, under the head of “ nays.” By this means, the 
votes of all the members, on the most important 
questions, are preserved on record. 

This has a tendency to make each member careful 
not to give his sanction to any measure of doubtful 
utility, for he knows that his vote is recorded, and 
that the record may rise up in judgment against 
him at any future time. 


ADJOURNMENT. 

Neither house, during the session of congress, 
can adjourn for more than three days without the 


Does each house keep a journal of their proceedings 'l 
What is a journal 1 

At the request of how many members are the yeas and nays put 
on the record 1 

For how long can one house adjourn without the consent of the 
other 1 


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58 governmental 

consent of the other, nor to any place than that in 
which the two houses shall be sitting. 

As it requires both houses to enact a law, it was 
necessary that some provision be made to prevent 
one house from obstructing the action of the other. 


PAY OF MEMBERS. 

The president of the senate pro tempore, and 
speaker of the house, each, receives sixteen dol¬ 
lars a day for their services. 

The senators and representatives receive eight 
dollars per day during their attendance in congress, 
and also eight dollars for every twenty miles travel. 

These sums are paid out of the public treasury 
of the United States. 

The members of the British parliament at pre¬ 
sent, receive no pay. If our legislators were not 
paid, the halls of congress would be filled almost 
exclusively with the wealthy, and those not the 
most worthy or talented. 

In this speculating, money-making age, few men 
of talent would sacrifice their time and money 


What pay do the president of the senate pro tempore and the 
speaker of the house receive 1 
What pay do the senators and representatives receive 1 
Where is the money obtained 'l 

Do the members of the British parliament receive any pay 'l 
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INSTRUCTOR. 59 

merely for the public good, with no hope of re¬ 
ward but empty fame. And those who would be 
willing to do so, might be too poor to spend three 
or six months a year at Washington at their own 
expense. 

On the other hand, the compensation is so small 
as to offer little pecuniary inducement for political 
speculators to scramble for it. 


PRIVILEGES OP MEMBERS OF CONGRESS. 

“ In all cases except treason, felony, and breach 
of the peace, members of congress are privileged 
from arrest, during their attendance at the session, 
and in going to and returning from the same.” 

Both houses of the British parliament have en¬ 
joyed the same privilege from time immemorial. 
Parties and witnesses in a court of justice are 
protected in the same way, much more ought the 
representatives of the interests of thousands, or 
the senator of a state, to be preserved from inter¬ 
ruption in the discharge of his important duties by 
a petty question of dollars and cents. 

No member of congress can be questioned in 
any other place for any speech or debate in either 


What peculiar privileges have members of congress 1 
Do the members of the British parliament enjoy the same '! 
What privilege is given to members of congress in order to se¬ 
cure freedom of debate 'l 




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60 GOVERNMENTAL 

house. The same privilege is enjoyed by the 
legislature of every state in the union, and also by 
the British parliament. This is necessary in order 
to secure freedom of debate. 

This privilege does not give any member a right 
to publish a speech, in which he defames and 
abuses others, under pretence of performing his 
duty; for such species of defamation, a member 
of congress is just as liable to the penalties of the 
law as any other man. 

No member of congress during the time for 
which he has been elected, can be appointed to 
any civil office in the United States wffiich has 
been created, or the emoluments of which have 
been increased during that time. 

No person holding any office under the United 
States, can be a member of either house of con¬ 
gress during his continuance in office. If he 
wishes to be elected to congress, he must resign 
the other office. 

This is a necessary provision, in order to pre¬ 
vent legislators from holding offices inconsistent 
with the proper discharge of their duties as 
legislators. It also prevents the intermingling of 
departments which ought to be kept distinct. 


Does this give any member a right to defame and abuse others 'l 
Can a member of congress hold any other office under the Uni¬ 
ted States 1 

Why is this necessary 1 


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INSTRUCTOR. 


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61 


REVENUE. 

Revenue is the money received from taxes, 
duties, imposts, sales of public lands, rents, &c., 
which is collected by the nation or states for 
public use. 

All bills for raising revenue must originate in 
the house of representatives. 

The representatives are chosen directly by the 
people, and are responsible to them, and are there¬ 
fore better judges of the wishes of the people than 
the senate. For the house of representatives 
represents the people, but the senate represents 
the states. 

If the power of originating “ money bills” were 
intrusted to the senate, it might lead to great 
dissatisfaction and difficulty, by giving the small 
states too great an influence. 

Though the senate may not originate “ money 
bills,” yet they may propose or concur in amend¬ 
ments as in other bills. 


What is revenue 1 

In which house must bills of revenue originate 1 

Why 1 Why should not money bills originate in the senate 1 


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62 GOVERNMENTAL 


VETO POWER. 

We have said that every legislative act must 
pass both houses of congress before it can become a 
law. But this is not all. It must also be presented 
to the President of the United States for his sig¬ 
nature. If he approves the bill he signs it, and 
then it becomes a law. 

If the President refuses to sign it, he returns it 
to the house in which it originated, with his objec¬ 
tions, which are entered at large on the journal, 
and then they proceed to reconsider their vote. 
If, after reconsideration, the bill is again passed 
by two-thirds, it is sent to the other house with 
the objections. If they also pass it by two-thirds, 
it becomes a law, notwithstanding the President’s 
refusal to sign it. 

If the President keep any bill over ten days, 
Sundays excepted, after it has been presented to 
him, it becomes a law, unless congress has in the 
mean time adjourned. 

Every order, resolution, or vote, except on a 
question of adjournment, is passed in the same 
way. 


Must every act be presented to the president before it can become 
a law 1 

What if he approves and signs it 'l 
What if he refuses to sign it 'l 

Can a bill then become a law without the president’s signature 'l 
If the president keeps a bill over ten days what is the result 1 


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INSTRUCTOR. 63 

Thus, it appears that the legislative power is not 
all intrusted to the two houses of congress, but 
some portion of it is vested in the President. 
This is a slight intermingling of the legislative 
and executive powers. But the influence of the 
President is only negative. It operates merely as 
a check, for the President can originate no bill. 

In England, the veto of the king is absolute, so 
that if he refuses to sign a bill, it can never be¬ 
come a law. But in the United States the veto of 
the President is limited, for a bill may become a 
law w ithout his signature, as we have seen. In 
England, theyveto power has not been exercised 
once for the last 150 years. In the N United States, 
since the formation of the present constitution in 
1789, a period of 55 years, upwards of 25 bills 
have been vetoed and retained by the Presidents. 

There is still great difference of opinion in the 
United States respecting this veto power . The 
advocates of this power claim that it is a great 
preventive of rash and hasty legislation ; that it is 
a salutary check that could not be removed without 
endangering the strength and perma^ancy of the 
government; that the shortness of the presidential 


Is there any legislative power vested in the president 1 
What is said of the veto of the king of England 1 
Is the veto of the president limited 1 
How long since the veto power was exercised in England 1 
What is said of the United States since the formation of the con¬ 
stitution 1 

What do the advocates of the veto power claim 1 


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GOVERNMENTAL 


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64 


■O 


term is a sufficient guaranty that it will not be 
exercised except for the good of the country. 

On the other hand, it is said that the veto power 
ought to be still farther limited ; that it is a mo¬ 
narchical feature in our government; that it gives 
one man an opportunity to set his private opinion 
and will against the wishes of a majority of the 
people. But, as the question of the veto power is 
one of the unsettled political questions of the day, 
“ we leave each one to their own opinions.” 


POWERS OP CONGRESS. 

“ Congress has power to lay and collect taxes, 
duties, imposts, and excises,” in order to pay the 
debts, and provide for the common defence, and 
general welfare of the United States; but all 
duties, imposts, and excises, shall be uniform 
throughout the United States.” That is to say, 
taxes, duties, imposts, and excises, can be laid and 
collected for the payment of the public debt, to 
provide for the common defence and general wel¬ 
fare, and far nothing else. If congress were to 
pass any law to raise a tax for any other purpose, 


What do the opponents of the veto power say 1 
What are some of the powers of congress 'l 
How must duties imposts and excises be 1 
For what purposes may they be laid and collected ? 

Does congress possess any powers except those enumerated in 
the constitution or necessarily implied 1 


■6 







a 


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INSTRUCTOR. 65 

it would be unconstitutional and void. For con¬ 
gress possesses no powers except those enumerated 
in the constitution, and necessarily implied. 


TAXES. 

“ All contributions by whatever name known, 
imposed by government upon individuals, for the 
service of the state, are called taxes .” 

These contributions are known by different 
names. They are called duties, tythe, tribute, im¬ 
posts, subsidy, customs, aid, excise, &c., but they 
are all included under the general name of taxes. 
That a government must have power to lay and 
collect taxes for carrying on its own operations, 
is evident. And if the government is to be an 
efficient national government, its powers of taxa¬ 
tion must be as extensive as its wants and duties. 

Taxes may be divided into two kinds, direct 
taxes, and indirect taxes. 

Direct taxes may be divided into two kinds ; first, 
taxes on land ; and second, a capitation tax, or as it 
is often called a poll tax , that is a tax on the head 
or person of every individual. 


What are taxes 'l 

Must every government have power to lay and collect taxes ? 
How extensive must the power of taxation be 1 
Of what two kinds are taxes ? 

How many kinds of direct taxes 1 


o 


6 * 


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___—-O 

66 GOVERNMENTAL 

Therefore a direct tax can be levied only on the 
person, or on land, or on both. It cannot be levied 
on personal property. 

Every other method of raising a revenue, wheth¬ 
er by duties, imposts, excises, &c., or by a tax on 
personal property, is called an indirect tax. It is 
necessary to understand the difference between 
these two kinds of taxes, because the constitution 
provides that they shall be “laid and collected” 
according to different rules. “ Direct taxes are 
apportioned among the different states according 
to their respective numbers.” When a poll tax is 
levied, every tax payer in the United States pays 
equally. When a land tax is levied, all the lands 
in the United States are taxed, with the slaves, and 
every land owner pays according to the amount of 
the value of his lands and slaves. 

But the rule is different with regard to indirect 
taxes. For indirect taxes, or as they are called in 
the constitution, “ duties, imposts, and excises,” 
must be uniform throughout the United States. 
So that if there be a duty on a foreign article, as 
for instance on broadcloths, every person in every 
state will pay more or less of the tax in proportion 


What are they 1 
What are indirect taxes 'l 

Why is it necessary to understand the difference between these 
two kinds of taxes 1 
How are direct taxes apportioned 'l 
Does the same rule apply to indirect taxes 'l 

O-—--- 


6 
















o 


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INSTRUCTOR. 67 

as he purchases more or less of the article. And 
if he purchased none of the cloths, of course he 
would pay none of the tax. 

The same principle applies to every article which 
may be the subject of an indirect tax. If, for in¬ 
stance, horses were taxed one dollar each, then the 
owner of ten horses would pay ten dollars of the 
tax ; the owner of one horse would pay one dol¬ 
lar, and the owner of no horse would pay nothing. 
And it matters not in what state the tax payer 
may reside, if the tax be national. 

The term “ Duties” is sometimes used to signify 
nearly the same as taxes; but it is oftener applied 
to those taxes which are paid on imported or ex¬ 
ported goods and merchandize. Any sum of mon¬ 
ey required by government to be paid on the im¬ 
portation, exportation, or consumption of goods, 
is a duty. Duties are paid at or near the borders 
of a country as the goods are brought into, or car¬ 
ried out, of the country. 

Bringing goods secretly into a country without 
paying the duties, is called smuggling; and goods 
thus imported and seized by a custom-house officer, 
are taken from the owner, sold at public auction, 
and the monies arising from the sale appropriated 
to the use of the United States. A vessel bringing 


What is meant by duties 1 

Where are duties paid 1 

What is smuggling 'l 

How may smuggled goods be disposed oH 


O 


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GOVERNMENTAL 


o— 
68 


■O 


in smuggled goods is also liable to be taken and 
sold in the same way. 

Although the duty is paid in the first instance by 
the importer, yet he gets his money back again. 
For when he sells, he raises the price of the goods 
sufficiently to cover not only the first cost of the 
goods but also the duty which he has paid ; so that 
the duty is finally paid by the consumer. 

The term “ imposts” differs little from duties, and 
applies to imported goods only. The terms duties 
imposts, customs, &c., in the United States, are all 
included under the general name of tariff. 

Governments are usually averse to laying direct 
taxes, as the people are less willing to pay them 
than indirect taxes. Only three direct taxes have 
been laid in the United States since the formation 
of the federal government. 

It has been provided by our constitution that 
“ representatives and direct taxes shall be appor¬ 
tioned among the several states within this union, 
according to their respective numbers.” Notwith¬ 
standing the constitution mentions “ states,” it has 
been decided by the Supreme Court of the United 
States that direct taxes may be laid at the same 


Who pays the duty in the first instance 1 
Who pays it finally 'l 
What is meant by imposts 1 

Why are governments averse to laying direct taxes 1 
How many direct taxes have ever been laid in the United 
States 'l 

O' 


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INSTRUCTOR. 69 

time on the district of Columbia, and on the ter¬ 
ritories, although they have no representatives in 
congress. For the term “ United States” is the 
name of the American Empire, and includes states, 
districts and territories ; in a word, all lands over 
which the government of the United States ex¬ 
tends, and has jurisdiction. So that the territo¬ 
ries are as much a part of the United States as 
Virginia or Pennsylvania. 

Therefore, that clause in the constitution above 
mentioned, was not introduced to restrict direct 
taxes to the states, but to show how direct taxes 
should be apportioned. 

But congress have a discretionary power to ex¬ 
tend a direct tax to the district and territories, or 
to limit it to the states. 


POWER OF CONGRESS TO BORROW MONEY. 

“ Congress has power to borrow money on the 
credit of the United States.” There may be times 
when the immediate revenue of the government 
will not be sufficient to meet necessary expenses, 


Can a direct tax be laid on the district of Columbia and the 
territories 7 

What is included under the term United States 7 
What discretionary power has congress 7 
Has congress power to borrow money on the credit of the United 
States 7 


O 


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•b 


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70 GOVERNMENTAL 

as in cases of emergency, or in any unexpected 
failure of the usual sources of revenue. If con¬ 
gress had not this power of borrowing money and 
pledging the United States for the payment of it, 
the efficiency of the national government would be 
impaired, and its very existence endangered. But 
by obtaining a loan, the government might still 
continue its operations in undisturbed activity. 


POWER OF CONGRESS TO REGULATE COMMERCE. 

“ Congress has power to regulate commerce with 
foreign nations.” Commerce is an interchange of 
goods or productions between nations or individu¬ 
als by barter, or by purchase and sale. Thus we 
send our cotton, tobacco, rice, &c. to Europe ; and 
we send to the West Indies for sugar, molasses, 
coffee, &c. ; to China, for teas ; to the East Indies 
for silks, spices, and other things. These transac¬ 
tions are called commerce. 

One of the great objections to the articles of 
confederation was that they gave no power to the 
general government to regulate commerce. For¬ 
eign governments could impose heavy duties on all 


Why is such a power necessary 

What power has congress with regard to commerce 1 

What is commerce t 

What was one of the great objections to the articles of confed¬ 
eration 1 


O 


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INSTRUCTOR. 


o- 


o 


71 


American products brought to their market, but 
such was the want of combination among the sev¬ 
eral states, that they could not unite on any scale 
of duties to be imposed on foreign goods brought 
to our market. 


Thus they enriched themselves at the expense of 
the United States. The merchants were therefore 
among the first and most urgent for a constitution 
which would give congress power to protect the 
commercial interests of the country. 

Commerce has ever been one of the great sources 
of national wealth. The United States enga¬ 
ged in it early, extensively, and perseveringly ; and 
now our merchant vessels are seen in every sea, 
bearing aloft our national flag, with its stripes and 
stars flopping in the breeze. 

The questions arising from the commerce of the 
country, have been among the most important and 
exciting that have arisen since the adoption of the 
constitution. The highest talent in the union has 
been called out in debates in congress on these 
questions, and the very existence of the union has 
been threatened. 

This power of congress to regulate commerce, 
is a very general and extensive power. Under it 


Why was this objection an important one 'l 
Who were the first to move for a constitution 1 
j What is said of the commerce of the United States 1 
, What power has congress with regard to vessels 1 


•o 













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72 GOVERNMENTAL 

congress has power to make all necessary regula¬ 
tions for the navigation of vessels ; to determine 
what shall constitute an American vessel; to re¬ 
quire that they shall be navigated by American 
seamen, &c., &c. 

Congress has power to regulate not only foreign 
commerce, but also “ commerce among the states.” 
The products of the United States are so various 
and abundant, that the traffic from one part of the 
union to another is of great importance. If one 
state or more could make a regulation, or pass a 
law to benefit themselves at the expense of the rest 
of the states, injustice and irregularity must have 
been the result. 

If, for instance, the state of Virginia could lay 
a state tax or duty on all boots and shoes brought 
into that state from the northern states, she would 
be enriching herself at the expense of the north¬ 
ern states. 

Or, suppose Georgia were to lay a duty on boots 
and shoes from Massachusetts, while she admitted 
those from other states free ; it would be unjust to 
Massachusetts, and would probably drive her goods 
out of the Georgia market. Massachusetts might 
reciprocate the act by laying a duty on all cotton 
from Georgia, and thus destroy the trade between 
the two states. 


Has congress any power over commerce among the states 1 
Why ought congress to have power to regulate commerce among 
the states 'i 


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INSTRUCTOR. 73 

But as the states have delegated this power to 
the general government, that government alone 
can exercise it. The states themselves have no 
farther control of it. 

Under this power congress has a right to regu¬ 
late the coasting trade, and fisheries, and the duties 
of seamen on board of vessels of the United States, 
to place buoys and build lighthouses, to remove 
obstructions in creeks and rivers, to enact quaran¬ 
tine laws, &c. Congress has also power to regu¬ 
late commerce with the Indian tribes. 


NATURALIZATION LAWS. 

We have seen that the constitution of the Uni¬ 
ted States was adopted by the people of the seve¬ 
ral states. All who voted, or who had a right to 
vote at that time were parties to the contract, and 
of course were entitled to the right of citizenship 
under the new government. This right of citi¬ 
zenship is, in a measure, a hereditary right which 
descends, so that all people born in the United 
States, of parents who were citizens, are entitled 
to the rights of citizenship also. 


Whence does the general government derive this power 1 
What further rights has congress under this power ? 

What is said of the Indian tribes % 

Bv whom was the constitution of the United States adopted ? 

Who were entitled to citizenship 1 

Are the children of citizens entitled to citizenship 1 


o 


7 


•o 







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74 GOVERNMENTAL 

But persons coming from foreign countries are 
not entitled to the right of citizenship unless the 
United States choose to confer it upon theirn. 

The process by which this right is conferred, is 
called naturalization. And the laws which pre¬ 
scribe this process are called naturalization laws. 

If the power of enacting these laws was in¬ 
trusted to the states, they might make conflicting 
laws. For instance, one state might require a 
residence of twenty-one years before a foreigner 
could be naturalized, while another state might re¬ 
quire a residence of only two years. Now as the 
citizens of one state are entitled to the rights and 
privileges of citizens in another state, foreigners 
might come into the state which required only two 
years residence, and after becoming naturalized 
immediately remove into the state requiring 21 
years, and claim the right of citizenship there. 

In order to prevent all such and similar incon¬ 
veniences the constitution gives congress power to 
establish a uniform rule of naturalization. 

Accordingly in 1790, congress passed an act re¬ 
quiring a foreigner by birth, to reside two years 
in the United States before he could become a nat- 


Are foreigners entitled to the rights of citizenship in the United 
States 1 

What is meant by naturalization 'l 

Why may not the states enact naturalization laws 1 

What power has congress over the subject of naturalization 1 

What did the act of 1790 require 'l 


o 


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INSTRUCTOR. 75 

uralized citizen. In 1795, another act was passed 
by congress lengthening the time of previous re¬ 
sidence to jive years. 

In 1798 another act was passed extending the 
previous residence to fourteen years. In 1802 the 
time was again shortened to Jive years, and has so 
continued to the present time. 

An alien in the United States cannot hold and 
transfer real estate, or lands, in his own name ; so 
he sees the propriety of securing a citizenship in 
order to be upon an equal footing, in this respect, 
w ith native citizens. 


BANKRUPT LAWS. 

Congress has power to establish “ uniform laws 
on the subject of bankruptcy, throughout the Uni¬ 
ted States.” 

Merchants and other individuals are exposed to 
sudden and heavy losses which no human foresight 
can provide against. A storm at sea, the burning 
of a ship or other property, a piratical cruiser, 
wars, blockades, embargoes, &c., may in a single 


What did the act of 1795 require 1 
What did the act of 1798 require 1 

How long a residence is now required before a foreigner can be 
naturalized 1 

Can an alien hold and transfer real estate or lands 1 
What power has congress over bankruptcy 1 






76 GOVERNMENTAL 

hour, sweep away the products of a long life of 
industry and perseverance in business. 

Commercial countries have therefore frequently 
adopted measures for the relief of insolvent debt¬ 
ors. England has had a bankrupt law for the last 
three hundred years. And also every commercial 
state in Europe has for a long time had either 
bankrupt or insolvent laws. 

The United States have attempted the experi¬ 
ment but seldom, and then for only a short time. 
The late bankrupt law was passed on the 19th of 
August, 1841. But it was so unpopular among the 
people that it was repealed, by the next congress, 
on the 3d of March, 1843. 

The states have the power of passing bankrupt 
laws when there is no bankrupt law of the United 
States in force ; but they are suspended if congress 
pass a bankrupt law, and continue suspended till 
the law of congress is repealed, and then revive. 

Bankrupt laws generally provide that when a 
debtor gives up all his property, of every descrip¬ 
tion, for the benefit of his creditors, that he shall 
forever after be exhonerated from paying debts 
previously contracted. 


What class of people are liable to severe and sudden losses 'l 
Why ? How long has England had a bankrupt law 1 
What is said of other commercial states'? 

When was the late bankrupt law of the United States passed 1 

When was it repealed 'l 

Can the states pass bankrupt laws 'l 

O- 


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INSTRUCTOR. 


o 


-o 


77 


Under insolvent laws, though a debtor may give 
up all his property for the benefit of his creditors, 
yet should he afterwards be able he would be lia¬ 
ble for debts previously contracted. 


NAVY AND MILITIA. 

The protection of commerce requires a navy to 
be in a constant state of preparation. Hence con¬ 
gress has been empowered “ to provide and main¬ 
tain a navy.” The navy of the United States has 
never been large, but it has thus far been sufficient 
to protect our commerce. 

But the foes of a government may not always 
be foes without. There may also be foes within. 
Riots, mobs, insurrections or civil wars may arise. 
To meet these and other dangers the constitution 
gives congress power to “ provide for calling forth 
the militia to execute the laws of the union, sup¬ 
press insurrections and repel invasions.” Thus the 
militia was called out by President Washington to 
suppress the famous whiskey insurrection in the 
state of Pennsylvania in 1794. 

The militia was also called out to repel invasion 
in the late war with Great Britain. 


For what is a navy needed 1 

What power has congress as to a navy 1 

What power has congress as to the suppression of insurrections, 
mobs, &c. 

When were the militia called out to suppress insurrection 'l 


'Q 


7 * 







o 


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78 GOVERNMENTAL 

The militia have also been frequently called out 
to co-operate with the militia of the states in re¬ 
pelling the incursions of the Indians. 

It belongs exclusively to the President to decide 
when the exigency has arisen, requiring the aid 
of the militia. He then issues the call, and all the 
subordinate officers and privates, according to 
militia discipline, are bound to obey. For the 
President is not only commander-in-chief of the 
militia when in the field, but he has power also to 
call them on to the field. 

In the United States the power of declaring war 
is lodged in congress. In Great Britain the same 
power is vested in the crown. No state can en¬ 
gage in war unless in time of actual invasion or in 
cases of great danger. 


MONEY. 

Money is the standard by which all merchan¬ 
dize is valued. It should be of uniform value 
throughout a whole nation. Consequently the 
constitution gives congress power “ to coin money, 
to regulate the value thereof, to regulate the value 


When were they called out to repel invasion'! 

Who is to decide when it is necessary to call out the militia 1 
What power has congress as to war 1 
What is the standard by which merchandize is valued 'l 
Should it be of uniform value throughout the United States 'l 


O 






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INSTRUCTOR. 79 

of foreign coin,” and also to punish counterfeit¬ 
ers of the coin of the United States. 

For similar reasons congress has power “to fix 
the standard of weights and measures.” 

With a view of coining money a mint was es¬ 
tablished at Philadelphia in 1792, where gold, sil¬ 
ver and copper coins are produced. Branches of 
this mint have since been established in different 
parts of the country. 

An eagle is valued at ten dollars, and must weigh 
11 pennyweights and 6 grains of gold. A dollar 
must weigh 17 pennyweights and 7 grains of sil¬ 
ver. And a cent must weigh 11 pennyweights of 
copper. 


POST OFFICE DEPARTMENT. 

The establishment of post offices, and post roads, 
is among the powers given to congress. As the 
mail is to be carried in every direction all over the 
union, the state governments could not be intrusted 
with the Post Office Department without leading 
to endless difficulties. 


What power has congress as to money 1 

Where and when was a mint established 1 

What kinds of coin are made there 1 

Is there more than one mint in the United States 1 

What are the weights of those coins 1 

What power has congress over weights and measures 'l 

What power has congress over post offices and post roads 1 

o-—- 


o 







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Q-•— 

80 GOVERNMENTAL 

Under this power congress has also laid out and 
built new roads with the consent of the states 
through which they pass. And in the case of the 
road from Nashville to Natches, the consent of the 
state was not obtained. 

The Post Office Department was not originally 
intended to be so much a source of revenue to the 
country as a matter of convenience to the people. 
Through its operations the facilties of corres¬ 
pondence, &c., have been greatly augmented. Of 
late a reform has been introduced into this depart¬ 
ment reducing the postage on letters, newspapers, 
pamphlets, magazines, &c. 

According to the post office bill which passed at 
the last session of Congress (1845) and to take ef¬ 
fect in July following, the rates of postage have 
been much reduced. For letters not weighing over 
half an ounce, the postage is 5 cents, for 300 miles ; 
over 300 miles 10 cents. Formerly there were 
four rates for single letters, viz: 6, 12j, 18f and 
25 cents, according to distance. 


PATENTS AND COPY RIGHTS. 

The author of a new and valuable work, and 
the inventor of a new and improved machine, are 
public benefactors. They deserve a recompense 

Why might not this power have remained in the states 1 
What are the rates of postage on letters 1 
What were they formerly 1 













o 


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INSTRUCTOR. 


81 


for their labors. Congress is therefore empower¬ 
ed by the constitution, to secure to them for a lim¬ 
ited time the exclusive right to their respective in¬ 
ventions, writings or discoveries. If they have 
produced any thing valuable they are thus enabled 
to enjoy the fruits of their own genius. This af¬ 
fords encouragement to others to “ seek out new 
inventionsfor the hope of reward is one of the 
strongest inducements to human action. 


PIRACY. 

Piracy is often defined to be robbery on the high 
seas. But by act of congress of 1790, murder, rob¬ 
bery, or any offence which if committed on land 
w r ould be punishable with death by the laws of the 
United States, is defined piracy. 

The sea is a great highway, common to all na¬ 
tions. And all nations have jurisdiction over it as 
to all offences committed by their own sailors on 
board their own vessels. 

Pirates being plunderers of the seas and ene¬ 
mies to all nations, may be punished by any nation. 


What power has congress as to authors of books and. inventors of 
machines 1 

Why is this power given to congress 1 
How is piracy often defined 1 
How is it defined by act of 1790 1 
Who has jurisdiction over the sea 'l 
Why may pirates be punished by any nation ? 


o- 


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82 


GOVERNMENTAL 


For the constitution gives congress power “ to de¬ 
fine and punish piracies and felonies committed on 
the high seas, and offences against the law of na¬ 
tions. The term “ high seas” means all the ocean 
bays, channels, &c., below low water mark, around 
the world. 

The “ law of nations” is the rules and regula¬ 
tions arising from necessity, or adopted by com¬ 
mon consent, among all civilized nations. 

As there is no great general government includ¬ 
ing the civilized world, to enforce these laws, each 
nation is bound to obey them as the law of nature 
and reason. 


DISTRICT OF COLUMBIA 


About the close of the Revolutionary war, the 
continental congress, then sitting at Philadelphia, 
was surrounded and insulted by a body of mu¬ 
tineers from the continental army. Congress 
applied to the executive authority of Pennsylvania 
for protection, but were unable to obtain it. They 
then adjourned to Princeton, in New r -Jersey. And 


What power has congress as to piracies 1 
What is meant by the term high seas 1 
What is the law of nations l 
Who enforces these laws 1 

When and where was congress surrounded and insulted by a 
mob 'l 

What measures did congress take to guard themselves against 
any like occurrence in future 1 



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INSTRUCTOR. 83 

from thence they soon after adjourned to Annapo¬ 
lis, in the state of Maryland. In order to guard 
against such intimidation, the constitution gives 
congress “ exclusive legislation over a district not 
exceeding ten miles square, which may become 
the seat of government of the United States.” 

In 1790, the States of Maryland and Virginia 
ceded a tract of land ten miles square to the Uni¬ 
ted States, which has since been called the District 
of Columbia. In 1800, the city of Washington, 
situated in that district, became the seat of gov¬ 
ernment of the United States, and has so continued 
till the present time. The President of the United 
States and the chief executive officers of the gen¬ 
eral government reside there. Congress and the 
supreme court of the United States meet there 
every year. 

The District of Columbia has no representative 
in congress, and yet congress has power to lay 
duties, imposts, and excises, or a direct tax upon it, 
as we have already seen. 


When and by what states was the District of Columbia ceded to 
the United States 'i 

When did Washington become the seat of government ? 

What officers reside at Washington 1 
What bodies meet there 1 

Has the district of Columbia any representative in congress'? 


O- 


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84 


GOVERNMENTAL 


AUXILIARY AND IMPLIED POWERS OF CONGRESS. 

The several specified powers of congress having 
been enumerated, the constitution concludes by- 
giving a general authority to congress, to make all 
laws which shall be necessary and proper for 
carrying into execution the foregoing powers, 
vested by the constitution in the government of 
the United States, or in any department or office 
thereof. 

One of the implied powers of congress is the 
power to erect corporations. 

A corporation is an artificial person. A cor¬ 
poration is generally composed of several individ¬ 
uals, and is then called a corporation aggregate. 
A bank is a corporation aggregate. 


INTERNAL. IMPROVEMENTS. 

The question whether congress has power to 
make appropriations of money for internal im¬ 
provements, has undergone much discussion. If 
the improvement is of a local nature, and of local 


Has congress any implied powers 1 
What is a corporation 1 

Of what is it generally composed, and what is it then called 1 
What is a bank 1 

Under what circumstances has congress power to make appro¬ 
priations for internal improvements 'l 


O 


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INSTRUCTOR. 85 

benefit only, congress undoubtedly has no power 
to make any appropriation for such a purpose. 

But, if the improvement is of a general nature, 
and is, or will be, of general use to the United 
States, congress has power to make all necessary 
appropriations to carry it on. For instance, if a 
canal was necessary for the commercial intercourse 
of one state with another, congress, under the 
power to regulate conmmerce, would have, as 
incident to that power, authority to construct 
such a canal. And for the same reason, congress 
would have authority to build lighthouses, piers, 
buoys and beacons, &c. 

As incidental to the power to declare war, 
congress has authority to purchase grounds and 
build forts, arsenals, dock-yards, navy-yards, mag¬ 
azines, &c. For, whenever any power is granted 
to congress by the constitution, every right 
necessary for the full exercise of that power is 
included in the grant. 

There is no express power given to congress 
to add new territory to the United States by 
treaty, purchase, cession, or otherwise; and yet, 
congress, by the purchase of Louisiana and Florida, 
has added to the United States a territory equal to 
the whole original territory of the union. This 


What power has congress incidental to the pojver to declare war 'l 
Is there any express power given to congress to add new territory 
to the United States I 


O' 


8 


■6 





o 


86 GOVERNMENTAL 

has been done under the implied powers of con¬ 
gress, by giving a very liberal construction to the 
constitution. The argument of necessity was 
strongly urged ; for the safety and general welfare 
of the United States required the possession of 
the mouth of the Mississippi, it being the highway 
to the Gulf of Mexico. 

The purchase of Florida was considered neces¬ 
sary for the protection of our southern frontiers. 


EMBARGO. 

An embargo is a prohibition of vessels to go 
into or out of a port. 

Under the general power to regulate commerce, 
congress in 1807 laid an embargo on all ships 
within the jurisdiction of the United States, bound 
for any foreign port. 

By this means all foreign commerce was cut off. 
The commercial states suffered severely before the 
embargo act was repealed, .which was done in 
about a year and a half afterwards. 


Under what authority was Florida and Louisiana added to the 
United States 'l 
What is an embargo 1 

Under what power of congress can an embargo be laid 1 


- 


o 


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o. 


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INSTRUCTOR. 


87 


RECORDS, &C. 

Each state is still a sovereign state as to the 
exercise of all powers not granted to the general 
government. Therefore each state ought to re¬ 
cognize the public acts, records, &c., of every 
other state as valid and conclusive, for otherwise 
one state might interfere with the acts of another 
state, reverse its judicial decisions, &c., &c. The 
constitution therefore declares that “ full faith and 
credit shall be given in each state to the public 
acts, records, and judicial proceedings of every 
other state.” 


NEW STATES. 

Congress also has power to admit new states 
into the union. 

The states at the time of the adoption of the 
constitution, were thirteen in number. They are 
called the thirteen original states. Their names 
are as follows: 

Square Miles. Settlement. 
Virginia, - - 64000 - - - 1607 

New York, - - 46000 - - - 1614 


As to what is each state still sovereign 1 

How are the public acts, records, &c., of each state to be regarded 
in the other states 1 

Who has power to admit new states to the union 1 


■6 







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88 GOVERNMENTAL 


Square Miles. Settlement. 


Massachusetts, - 

7500 - - 

- 1620 

New Hampshire, 

9500 - - 

- 1623 

New Jersey, 

8300 - - 

- 1624 

Delaware, - - 

2100 - - 

- 1627 

Connecticut, 

4760 - - 

- 1633 

Maryland, - - 

14000 - - 

- 1634 

Rhode Island, - 

1360 - - 

- 1636 

North Carolina, 

48000 - - 

- 1650 

South Carolina, 

24000 - - 

- 1650 

Pennsylvania, - 

44000 - - 

- 1682 

Georgia, - - - 

60000 - - 

- 1733 

Thirteen new states have been admitted to the 

union by congress since the adoption of the con- 

stitution, so that the 

whole number 

of states is 

twenty-six. The names of the new 

states are as 

follows: 



Square Miles. Settlement. 

Admitted. 

Vermont, 10200 

1749 

1791 

Kentucky, 42000 

1775 

1792 

Tennessee, 40000 

1765 

1766 


How many states were thei*6 at the time of the adoption of the 
constitution 7 . 

What are their names 7 s 

How many new states have been admitted to the union 7 

What are their names 7 

How many states are there now in the United States 7 
Which state is the largest, and how many square miles does it 
contain 7 

Which state is the smallest, and how many square miles does it 
contain 7 


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INSTRUCTOR. 89 


Square miles. 

Settlement. 

Admitted. 

Ohio, 39000 

1788 

1802 

Louisiana, 48000 

1699 

1812 

Indiana, 36000 

1730 

1816 

Mississippi, 45000 

1716 

1817 

Illinois, 52000 

1749 

1818 

Alabama, 44000 

1783 

1820 

Maine, 32000 

1630 

1820 

Missouri, 60000 

1663 

1820 

Michigan, 40000 

1670 

1836 

Arkansas, 

1685 

1836 


Though congress has power to admit new states, 
yet it cannot form any new state within an old 
one, or by joining two states or parts of states, 
unless with the consent of the legislatures of the 
states concerned. 

There remains yet a vast extent of territory 
west of the Mississippi, belonging to the United 
States/out of which other new states may here¬ 
after be formed. 

“ Congress has power to dispose of and make all 
needful rules and regulations respecting the terri¬ 
tory and other property belonging to the United 
States.” All such territory is the property of the 
United States, and therefore subject to the control 
of congress. 


Which state was first settled 7 
Which last 1 . 

Which states were last admitted to the union 'l 
Can congress form a new state within an old one 1 


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90 GOVERNMENTAL 

Thus, congress may sell the lands, may erect a 
territorial government, and confer upon it such 
legislative, judicial and executive power as may be 
deemed necessary, &c. 


POWERS PROHIBITED, SLAVE TRADE. 

The constitution having specified certain powers 
which congress may exercise, also mentions other 
powers which congress is prohibited from exer¬ 
cising. Thus, congress is forbidden to prohibit the 
slave trade previous to the year 1808. 


HABEAS CORPUS. 

When a person is illegally arrested or impris¬ 
oned, he is not compelled to wait for a hearing 
till the regular term of the court, but he may have 
a writ of “ habeas corpus” and be immediately 
brought before a judge. And if it appears that 
he is illegally detained, he is entitled to an imme¬ 
diate discharge. The term habeas corpus , means 
you may have the body . The writ of habeas corpus 
therefore authorizes the officer to whom it is 


Out of what territory can new states be formed 1 
What power has congress over the territory and other property 
belonging to the United States 'l 

What is the remedy when a person is illegally arrested or im¬ 
prisoned 1 


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INSTRUCTOR. 91 

# _ 

directed, to bring forth the body of the prisoner 
from confinement, to have an immediate hearing. 
This writ of habeas corpus has justly been con¬ 
sidered the “ bulwork of personal liberty.” Con¬ 
gress has therefore been prohibited from “ sus¬ 
pending the privilege of habeas corpus , unless in 
time of rebellion or invasion, when the public 
good requires it.” 


BILL OF ATTAINDER. 

The legislature of England has power to pass 
special acts authorizing the infliction of capital 
punishment, without trial, on persons suspected of 
high crimes, such as treason and felony. And 
such a special act is called a “ bill of attainder” 

If such act authorize a less punishment than 
death, it is called a “ bill of pains and penalties ” 
Such power in a legislature is contrary to the 
spirit of liberty, and inconsistent with a free gov¬ 
ernment. In order to prevent any such power 
from ever being assumed by our national legisla¬ 
ture, the constitution prohibits congress from 
passing any such bills. 


What does the term habeas corpus mean 1 

What does the writ of habeas corpus authorize the officer to do 1 

What has congress been prohibited from doing 'i 

What is a bill of attainder 'i 


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GOVERNMENTAL m 


EX POST FACTO LAWS. 

In the European governments, sometimes laws 
have been passed by which an act previously done 
may be punishe/1 as a crime, although there was 
no law against it when done. Such laws are called 
ex post facto laws . 

Where laws can be made in that way, the most 
innocent transactions may subsequently be de¬ 
clared to be crimes, and punished as such. Con¬ 
gress is therefore very properly “ prohibited from 
passing any ex post facto law .” 

Congress can grant no title of nobility. The 
only nobility which a free country can permit, is 
nature’s nobility. And every titled foreigner 
wishing to become a citizen of the United States, 
must renounce his title before he can be naturalized. 

To prevent undue foreign influence and inter¬ 
ference, the constitution provides that no person 
“ holding any office of profit or trust under the 
United States shall, without the consent of con¬ 
gress, accept of any present, office or title, from 
any king, prince, or foreign state.” 


Is congress allowed to pass any bill of attainder 1 
What is an ex post facto law ? 

Why is congress prohibited from passing any ex post facto law ? 
Can congress grant any title of nobility 'l 
What must a titled foreigner do before he can be a citizen of the 
United States'! 


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INSTRUCTOR. 93 

Hence, when the Imaum of Muscat sent a span 
of beautiful Arabian horses to the President of 
the United States, as a present, he was not allowed 
to receive them, and they were accordingly sold at 
auction as the property of the United States, and 
the proceeds of the sale deposited in the treasury. 


STATE POWERS PROHIBITED. 

We have said that when the colonies shook off 
the British yoke they become independent, sove¬ 
reign nations ; that when they adopted the present 
constitution they granted sovereign power to the 
national government ; and that all power not so 
granted remained in the states. 

Lest the powers granted to the general govern¬ 
ment, and the powers remaining in the states 
should interfere with each other, the states have 
prohibited themselves from exercising certain pow¬ 
ers. Thus the constitution provides that no state 
shall enter into any treaty, alliance, or confedera¬ 
tion. For if Louisiana, for instance, as some main¬ 
tain, has a right to enter into a treaty with Texas, 
and unite that country with Louisiana as a part of 
the state, the general government might, without 


What is said about receiving presents ? 

Why are states prohibited from exercising certain powers 1 
Can any state enter into a treaty, alliance or confederation ? 
Why? 


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94 


GOVERNMENTAL 


her own consent, be plunged into a war with Mex¬ 
ico. And besides it might interfere with the in¬ 
terests of some neighboring state. If one state 
could annex territory to itself so could another, 
and on the same principle Arkansas might annex 
Mexico to itself, or New York might annex the 
Canadas. 


LETTERS OF MARQUE AND REPRISAL. 

When the subjects of one nation have received 
injuries from the subjects of another nation, or 
when one nation refuses to pay debts which she 
justly owes to another nation, the government of 
the injured nation sometimes grant commissions to 
its subjects, authorizing them to seize the vessels 
of the offending nation and indemnify themselves 
out of the proceeds. This may be done without 
a declaration of war. 

The commissions authorizing such a method of 
redress are called “ letters of marque and reprisal.” 

As such a short method of collecting debts al¬ 
ways renders a nation more or less liable to a war, 
the power of granting letters of marque and re¬ 
prisal, ought to be vested only in the general gov- 


What evil effects might result from a state’s having power to an¬ 
nex new territory to her bounds 'l 
When the subjects of one nation receive injuries from the sub¬ 
jects of another nation, what remedy is sometimes pursued 'l 
What are such commissions called 1 
















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INSTRUCTOR. 95 

ernment. Therefore the constitution declares that 
“ no state shall grant letters of marque and repri¬ 
sal.” Were it otherwise one state might, at pleas¬ 
ure, involve the whole union in a war. 


BILLS OP CREDIT. 

No state can coin money or emit bills of credit, 
or make anything a lawful tender in payment of 
debts, but gold and silver coin. 

For several years previous to the adoption of the 
constitution the country had suffered much from 
bills of credit. In 1775, the continental con¬ 
gress authorized the issue of “ bills of credit” to 
the amount of three millions of dollars. But no 
paper money of any description will pass at par 
with gold and silver, unless it can command the 
gold and silver at any moment. 

These bills of credit were based entirely on the 
faith of the confederation. The prospects of their 
redemption was very remote. Such being the 
case, no human power could save them from great 
and rapid depreciation. They did depreciate, and 


Can a stats grant letters of marque and reprisal 1 
Why 1 

What is said of the power of a state respecting money ? 

What bills did the continental congress authorize to be issued ? 
What kind of paper money can pass at par with gold and silver? 
What law did congress pass to prevent the depreciation of paper 
money ? 


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96 GOVERNMENTAL 

congress attempted to remedy the evil by declar¬ 
ing that “ whoever should refuse to receive this 
paper, in exchange for any property, as gold and 
silver, should be deemed an enemy to the liberties 
of these United States.” 

Such a desperate remedy indicated a desperate 
disease, and the bills of course depreciated more 
rapidly than ever. New issues continued to be 
made till the whole amounted to three hundred and 
fifty millions of dollars. 

The bills continued to decrease more and more 
till 1780, when they were worth nothing, and died 
in the hands of the holders. 

No state can pass any bill of attainder or ex post 
facto law ; nor grant any title of nobility. 


CONTRACTS. 

A contract is a mutual agreement between two 
persons or parties. Almost all the business trans¬ 
actions between man and man are performed by 
entering into contracts , either express or implied. 
When the parties have entered into a contract vol- 


What was the effect of this law 1 
What amount of those bills were issued 1 
What finally became of those bills of credit 1 
Can a state pass any bill of attainder, or ex post facto law, or 
grant any title of nobility 1 
What is a contract 'l 


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INSTRUCTOR. 97 

untarily, and in good faith, both are bound by it. 
If any third party could nullify or impair the con¬ 
tract the right of one or both parties would be 
destroyed. 

Merchants of 006 state contract with the mer¬ 
chants of other states, so that all the states are con¬ 
nected with each other in mercantile affairs. If 
the one state had the power to enact a law impair¬ 
ing contracts, it might, perhaps, injure persons in 
every state in the union. Hence the constitution 
prohibits any state from “ passing any law impair¬ 
ing the obligation of contracts.” 

No state can grant any title of nobility, nor keep 
troops, or ships of war, in time of peace, without 
the consent of congress. 

We have said that the government of the United 
States is divided into three departments, the Legis¬ 
lative, Executive, and Judicial; and that the legis¬ 
lative department was vested in the two houses of 
congress limited by the veto of the president. 


By what means can merchants of one state transact business 
with merchants of another state ? 

Can a state pass any law impairing the obligation of contracts ? 
Why? 

Can a state keep troops or ships of war in time of peace, with¬ 
out the consent of congress ? 

Into what three departments is the government of the United 
States divided ? 

In what is the legislative department vested 1 


O 


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98 


O 


GOVERNMENTAL 


EXECUTIVE DEPARTMENT. 

In all monarchical governments, the executive 
power is vested in the king. In the United States 
it is vested in a president. 

The executive power is the power which executes 
the laws. It must be vested in some person or per¬ 
sons who can act promptly, unitedly and efficient¬ 
ly. These advantages can be best secured by in¬ 
trusting this department to one man. If this pow¬ 
er was intrusted to two or more persons, they might 
disagree, and dangerous and ruinous delays might 
be the result. 

In Great Britain and other monarchical countries 
the king reigns not only during his life, but the 
crown is hereditary in his family. 

In the United States, as we have said, the presi¬ 
dent is elected every four years, by the people, and 
can continue in office only four years, unless he is 
re-elected. The people, therefore, every four years 


In monarchical governments where is the executive power vested 1 
In the United States where is it vested 1 
What is the executive power 1 

Is it well that the executive power is vested in one man ? 

Why 1 

In monarchical countries how long does the king reign % 

Is the crown hereditary 1 

How does the president of the United States come into power 1 
How long does he continue in office 1 
Can he be re-elected 


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INSTRUCTOR. 99 

have an opportunity of placing the Executive pow¬ 
er in new hands if they think it not safe to intrust 
it to the same person any longer. 

The constitution does not limit the number of 
terms for which a president may hold his office, 
but it has been a custom, thus far to re-elect him 
but once. Therefore when a president is re-elect¬ 
ed he holds his office eight years, or two terms ; 
when not re-elected he holds his office for four 
years or one term. 


VICE-PRESIDENT. 

A vice-president is chosen at the same time that 
the president is chosen, and holds his office for the 
same time. The vice-president may also be re-elec¬ 
ted. In case of the death, resignation or impeach¬ 
ment of the president, the vice-president performs 
the duties of president till the next election. 

While the president is performing the duties of 
his office the vice-president’s only duty is to pre¬ 
side over the senate during the sessions of congress, 
and in case of a tie to give the casting vote. 


What has been the custom 'l 

When and for how long is the vice-president chosen 1 
Can he be re-elected 1 

When does the vice-president perform the duties of president ? 

At other times what is his duty *? 

---o 


6 








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100 GOVERNMENTAL 

The only instance of the death of a president, 
was that of William H. Harrison, who died on the 
4 th of April, 1841, only one month after his inau¬ 
guration. John Tyler, who was elected vice-presi¬ 
dent, thus became acting president, and continued 
to perform the duties of the office till the expira¬ 
tion of the term, which was on the 4th of March, 
1845. On the 4th of March, James K. Polk, the 
new president was inaugurated. 


PRESIDENT AND VICE-PRESIDENT, HOW CHOSEN. 


The president and vice-president are not elected 
directly by the people. The people vote directly 
for electors, and the electors vote directly for the 
president and vice-president. Each state is enti¬ 
tled to as many electors as it is entitled to have 
senators and representatives in congress. The num¬ 
ber of electoral votes in the presidential election 
of 1844 was 275. Necessary to a choice, 138. 


Maine had 9 

New Hampshire 6 

Massachusetts 12 

Rhode Island 4 


Michigan 5 

Maryland 8 

North Carolina 11 
Mississippi 6 


Which one of the presidents died and when 1 
Who succeeded him 1 

How are the president and vice-president chosen 1 
How many electors is each state entitled to 1 
How many votes were all the states entitled to in 1844. 
How many were necessary to a choice 1 


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INSTRUCTOR. 101 


Connecticut 

6 

Ohio 

23 

Vermont 

G 

Illinois 

9 

New York 

36 

South Carolina 

9 

New Jersey 

7 

Louisiana 

6 

Pennsylvania 

26 

Indiana 

12 

Delaware 

3 

Arkansas 

3 

Virginia 

17 

Georgia 

10 

Alabama 

9 

Tennessee 

13 

Kentucky 

12 

Missouri 

7 


No senator or representative, or person holding 
an office of profit or trust under the United States 
can be an elector. The manner of choosing the 
president and vice-president is as follows: 

The electors meet in their respective states, and 
vote by different ballots for president and vice- 
president, one of whom must not reside in the same 
state as themselves. They make out a correct list 
of all the votes cast, and for which office. This 
list they seal up and send to Washington city, di¬ 
rected to the president of the senate. The presi¬ 
dent of the senate, in the presence of the mem¬ 
bers of the senate and the house, opens these lists 
and counts the votes. 


Who was elected 1 

Which state has the largest number of electoral votes 1 

Which has the smallest number 1 

Which states have 6 votes 1 

Which 91 Which 12 1 

Who cannot be an elector 1 

What is the mode of choosing the president and vice-president 1 


o- 


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102 GOVERNMENTAL 

And if either of the candidates for the presi¬ 
dency has a majority of all the votes cast for that 
office, he is declared elected. If no one has such a 
majority, then the house of representatives pro¬ 
ceed immediately to choose the president by ballot 
from the three highest candidates voted for, for 
that office. In that case the votes are by states ; 
the representation from each state having but one 
vote on the occasion. 

Representatives from two-thirds of the states are 
necessary for a quorum, and a majority of all the 
states is necessary for a choice. 

If the house do not make a choice before the 4th 
of March next following, the presidential chair is 
considered vacant, and the vice-president acts as 
president. 

When the president of the senate has counted 
the votes for president, he then counts the votes for 
vice-president. And if either of the persons voted 
for, for vice-president, have a majority of all the 
votes cast for that office, he is declared elected. 

If no one has such a majority, then the senate 


Under what circumstances do the house of representatives choose 
the president and vice-president 1 
In that case how many votes has each state 1 
How many representatives are necessary to a quorum 1 
What majority is necessary for a choice 1 
What if the house do not make choice before the 4th of March 
next following 1 

How many votes must the vice-president have in order to be 
elected by the people 'l 


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_INSTRUCTOR. 103 

choose the vice-president, from the two highest on 
the list. Two-thirds of the whole number of sena¬ 
tors is a quorum for this purpose, and a majority of 
the whole is necessary to a choice. 

The same qualifications are required for vice- 
president as for president. 


QUALIFICATIONS FOR PRESIDENT. 

To be eligible to the office of a representative, 
as we have seen, a person must be 25 years of age, 
and must have been seven years a citizen of the 
United States. 

To be eligible to the office of senator, a person 
must be 30 years of age, and must have been nine 
years a citizen of the United States. 

The office of president being the highest office in 
the United States, the highest degree of qualifica¬ 
tion is necessary to render a person eligible to that 
office. The president therefore must be a natural 
born citizen of the United States. He must have 
been fourteen years a resident of the United States 
and also must be 35 years of age. 

If the presidential chair become vacant during a 
presidential term, the vice-president would take his 


If there is no choice of vice-president by the people how is he 
to be chosen 1 

What are the qualifications for a representative 'l 

What are the qualifications for a senator 1 

What are the qualifications for president and vice-president 1 


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104 GOVERNMENTAL 

place and act as president. If the vice-president, 
when acting as president, should resign, die, or be 
impeached, the president of the senate pro tempore 
would then perform the duties of president of the 
United States. 

If he should fail then the duties of the president 
would devolve on the speaker of the house of repre¬ 
sentatives, until a new president should be elected. 

The salary of the president is $25,000 per year. 
The salary of the vice-president is $5,000 per year. 


POWERS OF THE PRESIDENT. 

The president is commander-in-chief of the army 
and navy of the states when called into the ser¬ 
vice of the United States. The president is the 
chief executive of the nation, and is always ready 
to act promptly and efficiently, and it is to be pre¬ 
sumed wisely. Congress alone can declare war, 
but the president commands the army as soon as it 
is declared. lie is not obliged to command in per- 


If the presidential chair becomes vacant who succeeds to the of¬ 
fice of president 1 

If the vice-president should then die who would act as president 1 
And if the president of the senate should fail who then would 
act as president 1 

What is the salary of the president 1 
What of the vice-president 'l 
Of what is the president commander-in-chief 1 
Why % 

Is the president obliged to command in person I 
-—- -—- 6 


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INSTRUCTOR. 105 

son, but may authorize another to command in his 
place. 

In Great Britain the king is not only commander- 
in-chief of the army, navy, and militia, but can de¬ 
clare war, and then raise armies and navies, and 
call forth the militia to carry it on. 

Laws cannot be made so as exactly to meet every 
case. When reputation, liberty and life are at stake 
it becomes a matter of the highest importance to 
the offender that no more than justice be done him. 
He may have violated the law ignorantly, or he 
may have reformed. New testimony proving him 
innocent, or greatly mitigating his crime, may have 
been discovered since sentence was passed. 

To meet such and similar cases the power of 
granting reprieves and pardons for offences against 
the United States, except in impeachment cases, is 
lodged in the hands of the president. 

The president negotiates all treaties, but two- 
thirds of the senators present must concur, by yeas 
and nays, or the treaty is void. Thus at the session 
of congress in 1843-4, President Tyler entered 
into a treaty of annexation with Texas, but the sen¬ 
ate refused to ratify it, and therefore it could not 
take effect. 

The president nominates all ambassadors, and 


What is said of the king of Great Britain 'i 

Has the president power to grant reprieves and pardons 1 

What cases can he not pardon 1 

Who negotiates treaties with other nations 1 

Who must concur in those treaties 1 

-O 


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106 GOVERNMENTAL 

other public ministers, consuls, all judges of the 
supreme court, and all other officers out of the 
United States, not provided for in the constitution, 
but all such nominations must be approved by the 
senate. 

If the senate reject the person nominated, the 
president nominates another, or re-nominates the 
same. The appointment is not fully made till the 
president has nominated, the senate approved, and 
the president has signed the commission. 

In England, the king alone makes all the treaties 
of peace, alliance, commerce, and treaties of every 
kind. He also appoints all foreign ministers, am¬ 
bassadors, &c. 

The president having the general care and over¬ 
sight of the interests of the nation, both foreign 
and domestic, is required “ to give information to 
congress from time to time of the state of the 
union, and to recommend to their consideration 
such measures as he shall judge necessary and 
expedient.” Accordingly, as soon as congress has 
met and organized, the president sends in his annual 
message. And also, during the session of congress, 
the president sends in other messages. 


What officers does the president nominate ? 

Must they all be approved by the senate 'l 
What if the senate reject the person nominated 1 
When is the appointment fully made ? 

How are these matters managed in England 1 
Of what is the president from time to time to give information 
to congress 1 


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INSTRUCTOR. 107 

Occasions may arise during the recess of con¬ 
gress, such as foreign invasion, national calamities, 
insurrections, &c., when the safety of the nation 
requires immediate action. The constitution there¬ 
fore provides that “ the president may convene 
both houses of congress, or either of them, on 
extraordinary occasions.” 

An extra session of congress was called in this 
way by John Adams, in 1797, by James Madison, 
in 1809, by Martin Yan Buren, in 1837, and by 
General Harrison, in 1841. 

The king of England has power to prorogue , 
in other words, to adjourn parliament at any time. 
But the president of the United States can adjourn 
congress only in case of disagreement between 
the two houses as to the time of adjournment. 

The president receives all ambassadors and pub¬ 
lic ministers from foreign governments. 

The president is also required to see that the 
laws of the United States be faithfully executed, 
and to commission all officers of the United States. 

The following is a list of the presidents and vice- 
presidents of the United States. 

1. George Washington, Va., inaugurated April 


What can the president convene on extraordinary occasions 1 

When and by whom have extra sessions of congress been called 1 

When only can the president adjourn congress 1 

What laws is the president required to see faithfully executed 1 

Whom does the president commission 1 

Who was the first president 1 


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108 GOVERNMENTAL 

18, 1789, President 8 years. John Adams, Mass., 
Vice-President 8 years. 

2. John Adams, Mass., inaugurated March 4, 
1797, President 4 years. Thomas Jefferson, Va., 
Vice-President 4 years. 

3. Thomas Jefferson, Va., inaugurated March 4, 
1801, President 8 years. Aaron Burr, N. Y., Vice- 
President 4 years. George Clinton, N. Y., 1805, 
Vice-President 4 years. 

4. James Madison, Va., inaugurated March 4, 
1809, President 8 years. George Clinton, N. Y., 
Vice-President 4 years. Elbridge Gerry, Mass., 
1823, Vice-President 4 years. 

5. James Monroe, Va., inaugurated March 4, 
1817, President 8 years. Daniel D. Tompkins, 
N. Y., Vice-President 8 years. 

6. John Quincy Adams, Mass., inaugurated 
March 4, 1825, President 4 years. John C. Cal¬ 
houn, S. C., Vice-President 4 years. 


When was he inaugurated 1 
How long did he serve 1 
Who was the second president 1 
When inaugurated 1 
How long did he serve 1 
Who was the third president 1 
How long did he hold the office 1 
Who was the fourth president 1 
How long did he hold the office 1 
Who was the fifth president 1 
How long did he hold the office 1 
Who was the sixth president 1 
How long did he hold the office 1 
Who was the seventh president 1 


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INSTRUCTOR. 109 

7. Andrew Jackson, Tenn., inaugurated March 
4, 1829, President 8 years. John C. Calhoun, S. 
C., Vice-President 4 years. Martin Van JBuren, 
N. Y., 1835, Vice-President 4 years. 

8. Martin Van Buren, N. Y., inaugurated March 
4, 1837, President 4 years. Richard M. Johnson, 
Ky., Vice-President, 4 years. 

9. William H. Harrison, Ohio, inaugurated 
March 4, 1841, President 1 month. John Tyler, 
Va., Vice-President 4 years. 

10. James K. Polk, Tenn., inaugurated March 
4, 1845. George M. Dallas, Pa., Vice President. 


CABINET. 

The president is assisted in the performance of 
his duties by several officers who compose his cabi¬ 
net ., and who are his constitutional advisers. They 
are the secretary of state, the secretary of the 
treasury, the secretary of war, the secretary of 


How long did he hold the office 1 
Who was the eighth president 7 
How long did he hold the office 7 
Who was the ninth president 7 
How long did he hold the office 7 
Who was the tenth president 7 
How long did he hold the office 7 
Who was the eleventh president 7 
Who is president now 7 
By whom is the president assisted 7 
What officers compose the cabinet 7 


O 


10 


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110 GOVERNMENTAL 

the navy, the post master general, and the attorney 
general. They are all executive officers. They 
are nominated by the president and approved by 
the senate, and are removable by the will of the 
president. 

If a vacancy happens in the cabinet during the 
recess of congress, the president may appoint an 
officer pro tempore, to fill his place till the next 
meeting of congress. 

The following is the oath which the president of 
the United States is required to take before en¬ 
tering upon the duties of his office. 

“ I do solemnly swear (or affirm) that I will 
faithfully execute the office of president of the 
United States, and will, to the best of my ability, 
preserve, protect and defend the constitution of 
the United States.” 


How are they appointed 1 

How are vacancies in the cabinet during the recess of congress 
filled 1 

What oath is the president required to take before entering upon 
the duties of his office 1 


o 


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INSTRUCTOR. Ill 


JUDICIARY. 

We have already spoken of the Legislative and 
Executive departments ; we now come to the Ju¬ 
dicial department. 

The judicial department is the department that 
judges of the laws. 

The celebrated writer Montesquieu has remark¬ 
ed that “ there is no liberty if the judiciary pow¬ 
er be not separated from the legislative and exec¬ 
utive powers.” And the experience of the world 
in all ages has proved the truth of the remark. 
Therefore in framing the constitution great care 
was taken to preserve the judiciary free and inde¬ 
pendent of the other powers. 

As the judiciary may be called upon to decide 
the constitutionality or unconstitutionality of any 
legislative act, its powers should be co-extensive 
with the legislative powers. It must have power 
to carry into effect all constitutional acts, and to 
prevent unconstitutional acts from being enforced. 

The efficiency and permanency of a government 
depend in a great measure upon the prompt and 
complete administration of public justice. 


"What is the judicial department 'l 
What has Montesquieu remarked 'l 
How extensive ought the powers of the judiciary to be 1 
Upon what does the efficiency and permanency of a government 
depend'? 


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112 GOVERNMENTAL 

The constitution provides that “ the judicial 
power of the United States shall be vested in one 
supreme court, and in such inferior courts as the 
congress may from time to time ordain and estab¬ 
lish. 


SUPREME COURT. 


The Supreme Court at present, consists of one 
chief justice, and eight associate justices, to wit: 



Residence. 

Appointed. 

Salary. 

Roger B. Taney, 

Md. 

Ch’f Just. 

1836 

$5000 

Joseph Story, 

Mass. 

Associate. 

1811 

4,500 

Samuel Nelson, 

N. Y. 

a 

1845 

4,500 

John McLean, 

Ohio, 

a 

1829 

4,500 

V acancy, 

Pa. 

“ vacancy. 

James M. Wayne, 

Ga. 

a 

1835 

4,500 

John McKinley, 

Ala. 

u 

1837 

4,500 

John Catron, 

Tenn. 

tt 

1837 

4,500 

Peter V. Daniel, 

Va. 

it 

1841 

4,500 


The supreme court is held annually in the city 
of Washington, commencing on the second Mon¬ 
day of January. 

The judges of the supreme court are appointed 


In what is the judicial power of the United States vested 1 
Of what does the supreme court consist 1 
Who is now the chief justice 1 
When appointed 1 

What is the salary of an associate justice 1 

How often, when and where is the supreme court held 1 


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INSTRUCTOR. 113 

by the president, by and with the consent of the 
senate. 

If the judges were elected directly by the peo¬ 
ple, they would be very liable to be influenced in 
favor of the party which elected them, and to have 
strong prejudices against the party which opposed 
them. They would be more liable to be bribed 
than if they were appointed by the president. 

The judiciary should be as free as possible from 
all personal or party feelings. They should have 
no fears of losing their office by doing their duty 
fearlessly and impartially. They should be above 
and beyond the reach of the clamours of the 
people, and the popular excitements of the day. 
They are expected to be cool, deliberate, unbias¬ 
ed and undisturbed at all times whatever may be 
the accidental popular sentiment around them. 
This could not be the case if they were directly 
dependent on the smiles of the people for their 
election or for the tenure of their offices. 

The judges are therefore appointed by the pre¬ 
sident and hold their offices during good behavior , 
by which is meant that they cannot be turned out 
of office except by impeachment, or on commission 
of high crimes and misdemeanors. So long as 
they are competent to discharge their duties, and 


How axe the judges of the supreme court appointed 7 
Why ought they not to be chosen directly by the people 1 
How long do the judges hold their office 7 


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114 GOVERNMENTAL 

continue faithfully to do so, they cannot be remov¬ 
ed. Neither congress or the president has any 
authority over them, nor can they in any way in¬ 
terfere with them in the discharge of their duties. 

The supreme court has original jurisdiction in 
all civil suits between two or more states, or be¬ 
tween one state and a foreign state. 

No state court can properly decide a dispute 
between two states, for they would then be judges 
in their own case. None but a national court is 
competent to give final judgment in such a case. 

In cases where a state is plaintiff and a citizen 
of another state, or an alien is defendant, the su¬ 
preme court has original jurisdiction, but not ex¬ 
clusive jurisdiction. 

A court has original jurisdiction of a suit where 
it may be commenced in such court. A court is 
said to have exclusive jurisdiction of a suit when 
it can be tried in such court and no other. 

The supreme court of the United States has ju¬ 
risdiction of all cases in which the United States 
shall be a party ; of controversies between citizens 
of different states; and between citizens of the 
same state claiming lands under grants from diffe- 


What is meant by good behavior 1 

Of what suits has the supreme court original jurisdiction 1 
Of what original, but not exclusive jurisdiction 1 
When is a court said to have original jurisdiction 1 
When is a court said to have exclusive jurisdiction ? 

Of what other cases has the supreme court jurisdiction 7 


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INSTRUCTOR. 115 

rent states, and between the citizens of one state 
and foreign states. 


PUBLIC MINISTERS. 

Governments, in order to transact national busi¬ 
ness with other governments, are obliged to em¬ 
ploy agents who may represent the general gov¬ 
ernment. These agents are generally called pub¬ 
lic ministers, and are of several classes. 

1. Ambassadors, who are the highest, and are 
considered as personally representing their sove¬ 
reigns. 

2. Envoys Extraordinary, and Ministers Pleni¬ 
potentiary. 

3. Ministers Resident, and Ministers Charges 
d’ Affaires. 

4. Common Charges d’ Affaires. 

Consuls and Commercial Agents, and they gen¬ 
erally reside in the places where they perform the 
duties of their office. 

These officers being national officers, transact¬ 
ing national business, no court can properly have 


What are those officers called who are employed by governments 
to transact business with other governments 1 
What are public ministers of the highest class called 1 
What are those of the second class called 1 
What the third 1 
What the fourth 1 
What are consuls 1 


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116 GOVERNMENTAL 

jurisdiction of cases against such foreign officers, 
residing or being in the United States, but the su¬ 
preme court of the United States. 

For these and other reasons the constitution pro¬ 
vides that in suits against ambassadors and public 
ministers and their servants, this court has origin¬ 
al and exclusive jurisdiction. Therefore such suits 
can be brought and tried only in this court. 

But in case of suits brought by ambassadors or 
public ministers, or in which a consul or vice-con¬ 
sul is a party, the supreme court has original but 
not exclusive jurisdiction. Therefore such suits 
may be brought in this court, or in some other. 

When a case is appealed from a lower court to 
a higher, all the facts, and all the law applicable to 
those facts are subjected to a review. 

When a case is removed from a lower court to 
a higher, by “ writ of error? nothing is re-ex¬ 
amined but the law. 

In cases where appellate jurisdiction is given to 
the supreme court, original jurisdiction is not 
given ; so that such cases must first be brought in 
some inferior court, and may then be appealed to 
the supreme court. And some of these cases may 

Why can only the courts of the United States have jurisdiction 
of cases against such officers 1 

Of what cases has the supreme court original but not exclusive 
jurisdiction 1 

When a case is appealed from a lower court to a higher, what 
is subjected to review 1 

What is reviewed when a case is taken up by a writ of error 1 


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INSTRUCTOR. 


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117 


-O 


originate in the state courts. For example, where 
the validity of a treaty, or law or authority exer¬ 
cised under the United States, is called in question, 
and the judgment of the state court is against the 
validity. 


CIRCUIT COURTS. 

We have seen that the judicial power of the 
United States is vested in a supreme court, and 
such inferior courts as congress may from time to 
time ordain and establish. 

One of these inferior courts which congress has 
established, is the circuit court of the United 
States, and another is the district court of the 
United States. 

The United States are divided into nine circuits, 
in each of which a circuit court is held twice every 
year. The courts are held by one of the judges 
of the supreme court of the United States, assisted 
by the judge of the district court of the United 
States, in the district where the court sits. 

Circuits. Presiding Judges. 

1. Me.,N. H., Mass., and R. I., Joseph Story. 

2. Vt., Conn., N. Y., - - - James Nelson. 


What inferior courts have congress established 1 

Into how many judicial circuits are the United States divided 1 

How often is a circuit court held in each 1 

By whom are they held 1 


o- 


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118 GOVERNMENT AX 

Circuits. Presiding Judges. 

3. N. J. and Penn., - - - - Vacancy. 

4. Del.,Md. andVa., - - R.B. Taney. 

5. Alabama and Louisiana, -Daniels. 

6. N. C., S. C., and Ga., - J. M. Wayne. 

7. Ohio, Inda., Ill. and Mich., John McLean. 

8. Ky., Tenn. and Mo., - - John Catron. 

9. Mississippi and Arkansas, John McKinley. 

These circuit courts, like all other United States 

courts, are of limited jurisdiction. 

To give the circuit court jurisdiction, the sum in 
controversy must exceed $500. 

One of the parties to a suit in the circuit court, 
must be a citizen of the state in which the suit is 
brought. 

If both parties to a suit are aliens, the circuit 
court has no jurisdiction, if one party only is an 
alien, this court has jurisdiction. 

Each circuit court has jurisdiction of all crimes 
committed against the laws of the United States, 
in the district in which it sits. Cases may be 
appealed from the district to the circuit court of 
the United States. 


Are the circuit courts of limited jurisdiction 1 
What must be the sum in controversy 'i 
What must one of the parties be 1 
What if both parties are aliens '? 

What if one is an alien 1 
What is said of criminals 1 


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INSTRUCTOR. 


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119 


DISTRICT COURTS. 

The next class of inferior courts of the United 
States, is the district courts. 

The United States are divided into thirty-five 
districts, in each of which is a district court and 
a district judge, who resides in the district for 
which he is appointed. 

These district courts also have a limited juris¬ 
diction. They have jurisdiction of cases for 
penalties and forfeitures under the laws of the 
United States; for seizures on the water within 
three miles of the shore ; where the United States 
are plaintiffs; where consuls and vice consuls are 
defendants ; for repeal of letters patent for inven¬ 
tions, and in several other cases. 


TERRITORIAL COURTS. 

There is another class of inferior courts es¬ 
tablished by congress, in accordance with the 
provisions of the constitution, and these are the 


Into how many judicial districts are the United States divided 1 
What is there in each! 

Have these courts a limited jurisdiction 1 
Of what cases have they jurisdiction 1 

What other class of inferior courts have been established by 
congress 1 


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120 GOVERNMENTAL 

territorial courts , that is, courts held in the terri¬ 
tories of the United States. 

The territory of Florida is divided into five 
districts, in each of which a court is held, called 
the superior court. 

The judges of these superior courts meet an¬ 
nually at Tallahassee, and hold a court of appeals, 
which is the highest court in the territory. 

The territory of Wisconsin has a supreme court 
composed of three judges, which meets twice a 
year at Madison. 

The territory is divided into three districts, in 
each of which a district court is held by one of 
the judges of the supreme court of the territory. 

The territory of Iowa is divided into three 
districts, in each of which circuit courts are held, 
and the three judges of the circuit courts compose 
the supreme court, which meets annually at Iowa 
city. 


TRIAL BY JURY. 

An amendment to the constitution has secured 
the right of trial by jury to all persons in all crimi¬ 
nal cases, and in all civil suits where the sum in 


What is the highest court in Florida called 'i 
What are the courts in Wisconsin I 
What are the courts in Iowa 1 


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INSTRUCTOR. 121 

controversy exceeds twenty dollars. To this, 
there are, however, the following exceptions, viz.: 
cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war or 
public danger. 

The constitution also provides that crimes shall 
be tried in the state where committed. If not 
committed in any state, congress appoints a place 
for trial. 

The accused shall be informed of the nature and 
cause of the accusation, and shall be confronted 
with the witnesses against him. He may also have 
compulsory process for obtaining witnesses in his 
favor, and may have the assistance of counsel. 

In the early history of the English courts, the 
accused was not allowed any witnesses or counsel. 
Such a course of proceeding would be inconsistent 
with a free government. And therefore the con¬ 
stitution provides that the accused shall have both 
witnesses and counsel if he chooses. 

In ancient monarchies a person might be seized 
by the command of the king, and punished with¬ 
out any formal trial, or with a trial before the 


To whom is the trial by jury secured by the constitution 1 

What exceptions 'l 

Where shall the accused be tried 1 

Of what shall he be informed, and with whom shall he be con¬ 
fronted 'l 

What may he have for obtaining witnesses'? 

May he have counsel'! 

In ancient monarchies how was the criminal law administered 1 

----O 


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1 22 GOVERNMENTAL 

king or some of his ministerial officers. And in 
some monarchical countries at the present time, 
certain crimes may be punished in the same way. 
When such a course is pursued, innocent persons 
are liable to be accused and punished before they 
have time or opportunity to establish their inno¬ 
cence. The guilty are liable to. be punished too 
severely. Private revenge and personal feeling 
might be gratified under the name of the adminis¬ 
tration of justice. 

To provide against these and other evils, an 
amendment to the constitution declares that “no 
person shall be held to answer for a capital or in¬ 
famous crime, unless on a presentment or indictment 
of a grand jury.” 

A grand jury is composed of not less than twelve 
and not more than twenty-three “ good and lawful 
men,” selected by the sheriff from the county or 
district in and for which the court is held. It is 
the duty of the grand jury to act as accusers of 
suspected persons. The accusation must be writ¬ 
ten, and at least twelve of the grand jury, under 
oath, must agree, or the suspected person cannot 
be held to trial. If the accusation of the grand 
jury is founded on their own personal knowledge 
of the facts, it is called a presentment; if on facts 

How is it in some monarchical countries at the present day 'i 
What objection to such a mode of procedure 'l 
What does an amendment of the constitution declare on this sub¬ 
ject 'l 

Of whom is a grand jury composed 'l 


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INSTRUCTOR. 123 

derived from the testimony of others, it is called 
an indictment . 

After the suspected person has been thus legally 
accused he may be held to trial. The jury by which 
he is tried is called the petit or traverse jury. They 
consist also of good and lawful men summoned 
from the body of the county or district in which 
the court sits. The most usual number summoned 
is forty-eight; but only twelve are sworn on any 
one trial. This jury is entirely separate from, and 
independent of, the grand jury. They must be 
disinterested and unbiassed men, or the accused 
may challenge them, as it is called, and have other 
persons substituted in their place. 

The twelve jurymen who are sworn on any trial 
must all agree upon a verdict of guilty, or the ac¬ 
cused cannot be convicted. If he is convicted, 
the judge then passes sentence, and the executive 
officer enforces the sentence. 

Therefore no person can be punished for a high 
crime, without being first accused by twelve of his 


How many of the grand jurors must agree in order to indict a 
person 'l What is a presentment 'l 
What is an indictment 'l 
When can a person be held to trial 1 
What is a jury by which a person is tried called 1 
How many of the traverse jury are sworn on any one trial 1 
Has the traverse jury any connexion with the grand jury ? 

Must all the twelve on a jury agree in order to convict 1 
How many men must in the end declare a person guilty before 
he can be punished 'l 


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124 GOVERNMENTAL 

peers, and afterwards found guilty by twelve 
others of his peers ; so that he must be declared 
I guilty by at least twenty-four disinterested men, 
or he cannot be legally punished. 

The same amendment of the constitution pro¬ 
vides still further, that “ no person shall be twice 
put in jeopardy of life and limb for the same of¬ 
fence.” Which means that a person, having been 
tried once for an offence, and acquitted or convict¬ 
ed by the verdict of a jury, and judgment has been 
given upon such verdict, cannot be tried again for 
the same offence. v 

It does not mean that a person cannot be tried a 
second time for the same offence, if the jury has 
been discharged without giving a verdict, or hav¬ 
ing given a verdict and judgment arrested, or a 
new trial has been granted in favor of the accused ; 
for in such cases he has not yet been put in jeop¬ 
ardy of life and limb. 

In early times suspected persons were sometimes 
put to the rack, or subjected to various other tor¬ 
tures, under the pretence of forcing them to con¬ 
fess their guilt. 

The most horrid cruelties were in this way of¬ 
ten practised upon the innocent as well as the 
guilty, under the show of administering public 


Can a person be twice put in jeopardy of life and limb for the 
same offence 'l 

In early times how were suspected persons often treated I 
I Were the innocent made to suffer as well as the guilty I 


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INSTRUCTOR. 125 

justice. The innocent in the moment of torture, 
would often confess themselves guilty, in order to 
escape present suffering, and the confessions thus 
forced out of them were used as evidence to con¬ 
demn them. 

To guard against every improper influence of a 
similar kind, it is provided in an amendment to 
the constitution, that “ no person shall be compel- 
ed, in any criminal case, to be a witness against 
himself.” 


TREASON. 

Treason is the highest crime known to the laws ; 
for its aim is to overturn the government, and the 
means used are such as necessarily lead to great 
disturbance and bloodshed. It is therefore held in 
the greatest abhorrence in all countries, and pun¬ 
ished with the greatest severity. 

Formerly treason was punished in England in 
the following manner : the offender was drawn 
to the gallows on a sledge. He was then hung by 
the neck, but cut down while yet alive, and his 
entrails taken out and burned. lie was then be- 


What use was made of confessions thus forced from persons 1 
What provision is made in an amendment to the constitution to 
prevent such influences 1 

Why is treason the highest crime known to the laws % 

How was treason formerly punished in England % 



ll* 












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126 


O 


GOVERNMENTAL 

headed and his body cut into four quarters. All 
his lands and tenements were forfeited, from the 
time of committing the treason, and all his goods 
and chattels, from the time of his conviction. 

His blood was also “ corrupted” so that none of 
his descendants, to the remotest generation, could 
inherit any property through him. 

Treason, in England, is now punished by be¬ 
heading. In the United States it is punished by 
hanging. 

The constitution of the United States defines 
treason thus : “ Treason against the United States 
shall consist only in levying war against them, or 
in adhering to their enemies, giving them aid and 
comfort.” 

Therefore a mere agreement or conspiracy to 
levy war is not treason ; nor is a secret meeting of 
unarmed conspirators, though with treasonable 
intent; nor is the enlistment of men to serve 
against the government, treason. They are high 
misdemeanors, but not treason. There must be an 
actual levying of war, or adhering to the enemy, 
or the offence of treason is not complete. 

The crime of treason is so attrocious, so destruc¬ 
tive to all civil society, that it ought to meet with 
certain punishment, and yet it is so infamous and 

How is treason now punished in England 7 

How in the United States 7 

How does the constitution define treason 7 

What offences are high misdemeanors but not treason 7 


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INSTRUCTOR. 127 

detestable that every precaution should be taken to 
prevent any innocent person from being convicted. 

It is therefore specially provided in the consti¬ 
tution that “ no person shall be convicted of trea¬ 
son unless on the testimony of two witnesses to 
the same overt act, or on confession in open court.” 

One credible witness is sufficient to prove any 
other crime, but two witnesses are required to 
prove an act of treason. The human maxim of 
the law that “ it is better that ninety and nine guilty 
persons should escape, than that one innocent per¬ 
son should suffer,” seems to have been extended 
still farther, and opened another door of escape 
by requiring two witnesses. 


CITIZENS. 

The adoption of the constitution of the United 
States established the government of the United 
States as a national government. Therefore the 
citizens of each and every state are citizens of the 
United States, and removing from one state to 
another does not affect their citizenship. 

The United States is one nation, and a citizen of 
one part must be a citizen of each and every other 
part. Hence the constitution declares that “ the 


How many witnesses are required to prove an act of treason 1 
How many are required to prove any other crime 1 
Why are two witnesses required to prove an act of treason 1 
What does the constitution declare respecting citizens 1 
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128 GOVERNMENTAL 

citizens of each state shall be entitled to all im¬ 
munities and privileges of citizens in the several 
states.” 


FUGITIVE CRIMINALS. 

Persons sometimes commit crimes in one state 
and then flee into another. To reach such persons 
and at the same time prevent all interference of 
one state in the affairs of another it is provided in 
the constitution that when persons, charged with 
high crimes, flee into another state, the executive 
authority of the state from which they flee may 
demand them from the executive of the state to 
which they flee, and that they shall then be deliv¬ 
ered up to be tried in the state in which the crime 
was committed. 

A similar provision has been made respecting 
the escape of slaves from one state to another. 


GUARANTY. 

Every government ought to possess sufficient 
power to protect itself not only as a whole, but in 
part. Each state being a part of the national gov¬ 
ernment has a right to ask protection from that 
government in cases of danger. A state might be 


What is to be done when persons commit crimes in one state 
and then flee into another 1 

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INSTRUCTOR. 


129 


invaded by a foreign power or by another state. 
It might be overrun by an insurrection, or its gov¬ 
ernment might be subverted or endangered by a 
faction. The constitution therefore guaranties a 
republican form of government to every state in 
the Union, and promises to protect each of them 
against invasion and domestic violence. 


AMENDMENTS. 

No human institution is perfect. No constitu¬ 
tion can be so formed as to meet every change in 
the condition of a nation. It has been therefore 
provided that amendments may be made to 
the constitution of the United States in the follow¬ 
ing manner: 

Two-thirds of the members of both houses of 
congress may propose amendments ; or the legisla¬ 
tures of two-thirds of the states may apply to con¬ 
gress to call a convention to propose amendments, 
and congress is then bound to call such convention. 

The proposed amendments are then sent to the 
several states for ratification. And congress may 
determine whether they shall be ratified by the 
legislatures of the states or conventions of the 
states. And when they have been so ratified by 


What has the constitution guarantied to each state 1 
How can amendments to the constitution be made 1 


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^ 130 GOVERNMENTAL 

three-fourths of the states, the amendments then 
become part of the constitution. 

The constitution, laws, and treaties of the Uni¬ 
ted States are the supreme law of the land ; and 
the judges of every state are bound thereby. 

All the legislative, executive and judicial officers 
of the United States are bound by oath or affir¬ 
mation to support the constitution. 


RELIGION. 

It was the policy of the English colonies in this 
country, from their first settlement, to preserve 
church and state separate. When those colonies 
became independent states they continued the 
same policy. It is therefore provided in the con¬ 
stitution of the United States, that no religious 
test shall ever be required as a qualification to any 
officq or public trust under the United States. And 
an amendment to the constitution further provides 
that “ congress shall made no law respecting an es¬ 
tablishment of religion, or prohibiting the free ex¬ 
ercise thereof.” 


What is the supreme law of the land 7 

What officers are required to take an oath or affirmation to sup¬ 
port the constitution ? 

What was the policy of the English colonies as to church and 
state 1 

What is said in the constitution respecting religious test 7 
What is further provided in an amendment 1 


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INSTRUCTOR. 


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131 


LIBERTY OF SPEECH AND OF THE PRESS. 

In every free government great freedom must 
be allowed to all in speaking and writing their 
views and opinions. For a popular government 
can be sustained only by a correct public opinion. 
And one of the most efficient means of securing 
such opinion, is by a free press. For this reason 
it is provided in an amendment to the constitution 
that “ congress shall make no law for abridging 
the freedom of speech or of the press.” 

By this it is not meant that any one may say and 
print what he pleases. It only gives him liberty 
to say and print any thing that will not injure or 
encroach upon the rights of others; or which is 
necessary for the public good. If granting liberty 
of speech and of the press gave to any one an un¬ 
limited license to abuse, vilify and defame others 
at pleasure, no man’s reputation would be safe. It 
would be giving the evil disposed portion of com¬ 
munity an opportunity to sacrifice the dearest in¬ 
terests of others for their own amusement, or to 
gratify a spirit of revenge. 


How only can a popular government be sustained 7 
What says the constitution respecting freedom of speech and of 
the press 7 

What is meant by freedom of speech and of the press 7 

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132 GOVERNMENTAL 


RESERVED RIGHTS OF THE STATES. 

The powers not delegated to the United States 
by the constitution, nor prohibited by it to the 
states, are reserved to the states respectively, or to 
the people. 

We have now finished our brief examination of 
the powers of both Legislative, Executive and Ju¬ 
dicial, which have been granted to the general gov¬ 
ernment by the states. The reserved powers still 
remaining in the states form the state governments. 


What is said of reserved rights of the states 1 
What do the powers still remaining in the states form 1 


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INSTRUCTOR. 


133 


STATE GOVERNMENTS. 

We have seen that all governments are composed 
of three great departments, legislative, executive 
and judicial; that when the American colonies 
threw off the authority of Great Britain, each of 
them became a sovereign nation, possessing in 
itself all the powers of government; that when 
the states formed themselves into a national govern¬ 
ment by granting part of their own sovereign 
power, that national government became a sove¬ 
reign nation as to the exercise of all power granted 
to it, while the states still remained sovereign as to 
all remaining powers. These remaining powers 
are also divided into legislative, judicial and execu¬ 
tive. 

The legislative power in each state is vested in 
a senate and house of representatives. 

MAINE. 

The senate and house of representatives of the 
state of Maine, are elected annually by the people, 
on the second Monday of September. These two 
houses together are called the “ Legislature of 
Maine.” They meet annually on the first Wed- 


Of what three great departments are all governments composed 1 
In what is the legislative power of each state vested'? 

For how long and when are the house and senate of Maine 
elected 'l 


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134 GOVERNMENTAL 

nesday of January, at Augusta. The house is 
composed of 151 members, and the senate of 31 
members. 

NEW HAMPSHIRE. 

The members of the senate and house of repre¬ 
sentatives of New Hampshire, are elected annually 
on the second Tuesday in March. They meet an¬ 
nually at Concord, on the first Wednesday of June. 
The name of the two legislative bodies is “ The 
General Court of New Hampshire.” The senate 
is composed of 12 members, and the house of 250. 

VERMONT. 

The senate and house of representatives of Ver¬ 
mont are elected annually on the first Tuesday in 
September, and are together styled “The General 
Assembly of the State of Vermont. They meet 
annually at Montpelier, on the second Thursday 
of October. Vermont has had a senate only since 
1836. It now consists of 30 members, and the 
house of 230. 

MASSACHUSETTS. 

The senate and house of representatives of 
Massachusetts are chosen annually, on the second 


How many members in the house 1 How many in the senate 1 
How often are the senate and house of New Hampshire elected 'l 
How many members in the senate 'l How many in the house 'l 
How often and when are the senate and house of Vermont 
elected 'i 

How long has Vermont had a senate 'l 
Of how many members does its consist 1 
How many in the house 'l 


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INSTRUCTOR. 


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135 


Monday of November, and are together called 
“The General Court of Massachusetts.” They 
meet annually at Boston, on the first Wednesday 
in January. The senate is now composed of 40 
members, and the house of 356. 


RHODE ISLAND. 

Rhode Island governed herself till 1842, by the 
charter which she received from Great Britain 
when a colony. She then adopted a constitution, 
which went into operation on the first Tuesday of 
May, 1843. 

That constitution divides the legislature into two 
branches, viz.: a senate and house of representa¬ 
tives, who, together, are styled “ The General As¬ 
sembly of Rhode Island.” 

The senate is composed of the governor, lieu¬ 
tenant-governor, and 31 senators. The house of 
representatives consists of 69 members. Both 
senators and representatives are elected annually, 
on the first Wednesday of April, and meet annually, 
on the last Monday of October. 


For how long and when are the senate and house of Massachu¬ 
setts chosen 1 

How many members in the senate 'l In the house 1 
How did Rhode Island govern herself till 1842 1 
When did her present constitution go into operation 1 
Of what is her senate composed 1 
Of what is her house composed 1 

When and for how long are her senators and representatives 
chosen 1 


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GOVERNMENTAL 


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136 


CONNECTICUT. 

Connecticut formed its present constitution in 
1818. The legislative power is vested in a senate 
and house of representatives, which, together, are 
styled “The General Assembly.” They are all 
elected annually, on the first Monday of April, and 
the assembly meets annually on the first Wednes¬ 
day of May, alternately, at Hartford and New 
Haven. The senate consists of 21 and the house 
of 215 members. 

NEW YORK. 

New York formed its present constitution in 
1821. 

The legislative power is vested in a senate of 
32 members, elected for 4 years, 8 being elected 
annually ; and a house of representatives of 128 
members, all elected annually. The senate and 
house are together styled “ The Legislature.” 
They are elected on the first Monday of Novem¬ 
ber, and meet annually at Albany, on the first 
Tuesday of January. 


For how long and when are the senate and house of Connecticut 
chosen 1 

When and where do they meet 'l 
How many in her senate 'l In her house 1 
How many members in the senate of New York, and for how 
long elected 1 

How many in her house, and for how long elected 1 


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INSTRUCTOR. 


137 


NEW JERSEY. 

New Jersey adopted her present constitution in 
1844. The senate is composed of 14 members 
chosen for three years, one-third to be chosen an¬ 
nually. The members of the house of representa¬ 
tives are also chosen annually. The elections are 
held on the second Tuesday and Wednesday of 
October. Instead of a senate, New Jersey for¬ 
merly had a council, consisting of one member 
from each county. 

PENNSYLVANIA. 

The present amended constitution of Pennsylva¬ 
nia was adopted in 1838. 

The senate and house of representatives are to¬ 
gether called “ The General Assembly.” The 
members of the house are chosen annually, on the 
second Tuesday of October, and cannot be less 
than 60 in number, nor more than 100. The sena¬ 
tors are chosen at the same time, and hold their 
office for three years. One-third of them are 


When did New Jersey adopt her present constitution 1 
Of how many is her senate composed, and for how long chosen 'l 
When is her election 1 

When was the present constitution of Pennsylvania adopted 1 
When and for how long are the members of the house of Penn¬ 
sylvania chosen 'l 

What is her present number of representatives 1 Answer, 100. 
How many in her senate 1 Answer, 33. 


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chosen each year. The number of the senators 
can never be less than one-fourth, nor more than 
one-third of the number of representatives. 

The general assembly meets annually on the first 
Tuesday of January. 

DELAWARE. 

Delaware adopted her present amended constitu¬ 
tion in 1831. 

The legislative power is vested in a senate and 
house of representatives, which, together, are styled 
“ The General Assembly.” The senate consists of 
9 members, elected for 4 years. The house con¬ 
sists of 21 members, elected for 2 years. The 
election of both senators and representatives is on 
the second Tuesday of November. 

The general assembly meets once in 2 years, on 
the first Tuesday in January. 

MARYLAND. 

The legislative power of Maryland is vested in 
a senate of 21 members, and a house of delegates 
of 82 members, which, together, are styled “ The 
General Assembly of Maryland.” The house of 
delegates are elected annually on the first Wednes¬ 
day of October. The senate are elected once in 5 
years. They are not elected directly by the people, 
but by electors, who meet at Annapolis, and choose 


Of how many members does the senate of Delaware consist, and 
for how long elected 1 

How many in the house, and for how long elected 1 


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INSTRUCTOR. 139 

the senators by ballot. The general assembly 
meets annually at Annapolis, on the last Monday of 
December. 

The governor is elected by the people. 

VIRGINIA. 

In Virginia the legislative power is vested in a 
senate of 32 members, and a house of delegates of 
134 members, which bodies are together styled, 
“ The General Assembly of Virginia.” The del¬ 
egates are elected annually on the 4th Thursday of 
April. The senators are chosen at the same time 
for 4 years ; the seats of one-fourth of them being 
vacated every year. 

The general assembly meets annually on the 1st 
Monday of December. The governor is chosen 
once in 3 years by joint ballot of both houses, and 
is ineligible for the 3 years next succeeding. 

NORTH CAROLINA. 

In North Carolina, the legislative power is vest¬ 
ed in a senate of 50 members, elected for 2 years, 
commonly in August, and a house of commons of 
120 members also elected once in tw r o years, which 


How many in the senate of Virginia 1 

How many in the house 1 

When and for how long are the house chosen 1 

When and/or how long are the senators chosen 1 

How and for what period is her governor chosen 1 

How many members in the senate of North Carolina 1 

For how long elected 1 


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140 GOVERNMENTAL 

together are styled “ The General Assembly.” The 
governor is chosen every two years by the peo¬ 
ple. The assembly meets biennially on the second 
Monday of November. 

SOUTH CAROLINA. 

In South Carolina the legislative power is vested 
in a senate of 45 members, and a house of repre¬ 
sentatives of 124 members which together are 
styled “ The General Assembly.” The senators 
are elected for 4 years, one-half of them being 
chosen every two years. The representatives are 
elected for two years on the 2d Monday in Octo¬ 
ber. The assembly meets annually at Columbia, 
on the 4th Monday of November. The governor 
is elected for two years by a joint vote of the two 
houses. Having served one term he is ineligible 
for the next four years. 

GEORGIA. 

The senate of Georgia consists of 47 members, 
chosen annually on the first Monday in October, 
and a house of representatives of 130, chosen at the 
same time, and meet annually at Milledgeville on 
the first Monday of November. The governor is 
elected once in two years by the people. 


In the house, and for how long chosen 7 

How many members in the senate of South Carolina 1 

For how long elected 'l 

In the house, when and for how long elected ? 

How is the governor elected % 

How many members in the senate of Georgia ? 

When and for how long elected ? 


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INSTRUCTOR. 141 


ALABAMA. 

The legislative power of Alabama is vested in a 
senate of 33 members, elected for three years, one- 
third being elected annually, and a house of repre¬ 
sentatives of 100 members, also elected annually 
on the first Monday in August. Both bodies are 
together styled “ The General Assembly of the 
State of Alabama.” 

The general assembly meets annually at Tusca¬ 
loosa on the first Monday of December. The gov¬ 
ernor is elected for 2 years by the people, and is 
ineligible 4 years out of 6. 

MISSISSIPPI. 

The senate of Mississippi consists of 30 mem¬ 
bers elected for 4 years. The house consists of 91 
members, chosen once in two years, on the first 
Monday and Tuesday of November. These two 
bodies are together styled “ The General Assem¬ 
bly of the State of Mississippi.” 

The general assembly meets once in 2 years at 
Jackson, on the first Monday of January. The 
governor is elected for 2 years by the people. 


How and for what period is her governor elected 1 

How many members in the senate of Alabama 1 

For how long are they elected 1 

In the house, when and for how long chosen 1 

In what way and for how long is the governor elected 1 

Of how many does the senate of Mississippi consist 1 

For how long elected 1 

In the house, when and for how long chosen 1 

For how long and in what way is the governor elected 1 


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GOVERNMENTAL 


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142 


■O 


LOUISIANA. 

In Louisiana the legislative power is vested in 
a senate of 17 members, elected for 4 years, one- 
half being chosen every 2 years, and a house of 
60 members elected for 2 years, on the first Mon¬ 
day of July, which together are styled “ The Gen¬ 
eral Assembly of the State of Louisiana.” The 
assembly meet annually at Donaldsville, on the 1st 
Monday of January. 

ARKANSAS. 

The senate of Arkansas is composed of 21 mem¬ 
bers elected for 4 years. The house of represen¬ 
tatives is composed of 75 members, elected for 2 
years on the first Monday in October. Both 
houses are together styled “ The General Assem¬ 
bly.” The assembly meets once in 2 years on the 
first Monday in November. The governor is 
elected once in 4 years. 

TENNESSEE. 

The senate of Tennessee consists of 25 members 
elected for 2 years. The house of representatives 
consists of 75 members, also elected for two years 


How many members in the senate of Louisiana 1 
For how long elected 1 

How many in the house, when and for how long elected 1 
Of how many does the senate of Arkansas consist % 

For how long elected % 

How many in the house, when and for how long elected 1 
How often is the governor chosen 1 
How many in the senate of Tennessee 1 
For how long chosen 1 


o 








on the first Tuesday in August. Both houses are 
together styled “ The General Assembly.” 

The assembly meets once in 2 years, at Nashville 
on the first Monday of October. The governor 
is elected by the people once in two years and is 
eligible only 6 years in every 8. 


KENTUCKY. 

The senate of Kentucky consists of 38 mem¬ 
bers, elected for 4 years, one-fourth being elected 
every year. The house consists of 100 members 
elected annually on the first Monday of August. 
The senate and house are together styled, “ The 
General Assembly of the Commonwealth of Ken¬ 
tucky.” The assembly meets annually at Frank¬ 
fort on the first Monday of December. The gov¬ 
ernor is elected by the people for 4 years and is 
ineligible for the succeeding 7 years. 

OHIO. 

The senate of Ohio consists of 36 members, 
elected for two years. The house of representa¬ 
tives consists of 72 members elected annually on 
the second Tuesday in October. The senate and 


How many in the house, when and*for how long chosen 1 
In what way and for how long is the governor chosen 1 
How many members in the senate of Kentucky 1 
For how long elected ? 

How many in the house, when and for how long elected 1 
In what way, and for how long is the governor elected 1 
How many members in the senate of Ohio 1 
For how long elected 1 


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GOVERNMENTAL 


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144 


-O 


house are together styled “ The General Assembly 
of the State of Ohio.” The assembly meets an¬ 
nually at Columbus on the first Monday of De¬ 
cember. The governor is elected by the people 
once in 2 years. 


MICHIGAN. 


The senate of Michigan is composed of 18 mem¬ 
bers elected for 2 years. The house of represen¬ 
tatives is composed of 53 members elected annually 
on the first Monday in November. The senate 
and house are together styled “ The Legislature,” 
and meet at Detroit, annually on the first Monday 
of January. 

The governor is elected every 2 years. 

INDIANA. 

The senate of Indiana consists of 30 members 
elected for 3 years, one-third being elected an¬ 
nually. The house of representatives consists of 
62 members, elected annually on the first Monday 
in August. The senate and house are together 
styled “ The General Assembly.” The Assembly 


How many in the house, when and for how long elected 1 
In what way and for how long is the governor chosen 1 
Of how many members is the senate of Michigan composed 1 
For how long elected 1 

How many in the house, when and for how long elected 1 
How often is the governor elected 1 

Of how many members does the senate of Indiana consist, and 
for how long chosen 'l 

How many in the house, when and for how long elected ? 


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INSTRUCTOR. 145 

meets annually at Indianapolis, on the first Monday 
of December. 

The governor is elected by the people once in 
three years, and may be once re-elected. 

ILLINOIS. 

The senate of Illinois is composed of 40 mem¬ 
bers elected for 4 years, one-half being elected 
every two years. The house of representatives 
is composed of 91 members, elected for 2 years, 
on the first Monday of August. The two houses 
are together styled “ The General Assembly.” 

The assembly meets once in two years at Van- 
dalia, on the first Monday of December. The gov¬ 
ernor is chosen by the people for 4 years, and is 
eligible only 4 years in every 8. 

MISSOURI. 

The senate of Missouri consists of 18 members, 
elected for 4 years, one-half being elected every 2 
years. The house of representatives consists of 
49 members, elected biennially, on the first Mon¬ 
day in August. The two houses are together styled j 
“ The General Assembly.” The assembly meets 


In what way, and for how long is the governor elected 1 
How many members in the senate of Illinois 1 
For how long elected 1 

How many in the house, when and for how long elected 1 
In what way, and lor how long is the governor chosen 1 
Of how many members does the senate of Missouri consist 1 
How often elected 1 
How many in the house 1 


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146 GOVERNMENTAL 

every second year at the city of Jefferson on the 
fourth Monday of November. The governor is 
elected for 4 years, and is ineligible for the 4 years 
next succeeding. 

FLORIDA. 

At the commencement of this work we rightly 
ranked Florida among the territories, but as she 
has since been admitted into the union as a new 
state, by one of the acts of the late congress, (1845,) 
she now bears a different relation to the other states 
and assumes new and important powers. 

The legislative power is vested in a senate of 15 
members, elected for 2 years, and a house of repre¬ 
sentatives composed of 29 members, elected annu¬ 
ally on the second Monday of October. The two 
houses together are styled “ The Legislative Coun¬ 
cil,and meet annually at Tallahassee on the first 
Monday of January. When she was a territory 
the governor was appointed by the president of the 
United States, but under her new organization he 
will be elected by the people. 

This state will send two new members to the 
senate of the United States, and one new member 
to the house of representatives. 


For how long is the governor elected 7 

When was Florida admitted into the union as a state 1 

How many members are there in her council 7 

How many in the house of representatives 1 

What are the council and house together styled ? 

How many members does Florida send to the United S. Senate 7 
How many to the house of representatives 7 


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INSTRUCTOR. 


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147 


IOWA. 

As in the case of Florida, Iow r a is spoken of as 
a territory in the first part of this book, but having 
been admitted into the union as a new state, since 
the commencement of the publication of this work 
it is proper that we should rank her accordingly. 
We have mentioned in another place that congress 
had the right to make new states out of the terri¬ 
tories, and we have now two new instances of the 
exercise of that power. 

The legislative power of Iowa is vested in a 
council composed of 13 members, (elected for two 
years, and a house of representatives elected annu¬ 
ally, which together, are styled “ The Legislative 
Assembly,” and meet annually at Iowa City, on the 
first Monday of December. 

The governor will be elected by the people. 
This state will also send two new members to the 
United States Senate, which number added to the 
two from Florida, will increase that body to 56. 
She will also send a member to the house of rep¬ 
resentatives, which with the one from Florida, will 
increase the number in the house to 225. 


When was Iowa admitted into the union 1 
In what is the legislative power of Iowa vested 1 
When and where does the legislative assembly meet ? 

How many members does Iowa send to the U, S. Senate ? 

How many to the house of representatives I 
With the members from Florida and Iowa what will be the 
number in the house of congress 1 


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148 GOVERNMENTAL 


WISCONSIN TERRITORY. 

The government of Wisconsin Territory was 
established by act of congress of April 20, 1836. 

The legislative power is vested in a council of 
13 members, elected for two years, and a house of 
representatives of 26 members, elected annual^ 7 , 
which, together, are styled “ The Legislative As¬ 
sembly.” 

The governor is appointed by the president of 
the United States, and holds his office for 3 years. 

As in the general government so in all the state 
governments, every act must pass both houses of 
the legislature before it can become a law. 

The governors of the states have a limited veto 
on the state Acts, similar to the president’s veto on 
the Acts of congress.” 

The state laws can operate only in the state 
which passes them. If the legislature of a state 
enact a law contrary to the constitution of the same 
state such law would be null and void. 

The time for which state senators are chosen 
varies, in different states, from one to six years. In 


In what is the legislative power of Wisconsin vested 7 
In what way, and for how long is the governor elected 7 
Must every act of a state legislature pass both houses before it 
can become a law 7 
Have the governors any veto 7 
Where can a state law operate 7 

What if the legislature of a state pass a law contrary to the 
constitution of the state 7 


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INSTRUCTOR. 


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149 


eight of the states the state senators are chosen for 
only 1 year ; in six of the states for 2 years ; in 
three of the states for 3 years ; in ten of the states 
for 4 years ; and in one state for 6 years. 

The time for which members of the house of re¬ 
presentatives hold their office is not the same in all 
the states. In nineteen states they hold their of¬ 
fice for 1 year ; in nine states for 2 years. 

Therefore, throughout all the states there is a 
frequent change of legislators, or an opportunity 
to change them. If any law is passed by a legis¬ 
lative body, contrary to the wishes of the people, 
and the same legislature which passed it refuse to 
repeal it, the people at the next election can elect 
persons who will repeal it. In this way, insur¬ 
rections and rebellions against the laws are in a 
great measure prevented. For the people always 
have a peaceable remedy for existing evils, at the 
ballot box. 


In how many states are state senators chosen for only one year 'l 
In how many for two I For three 1 For six 1 
In how many states do members of the house of representatives 
of the state hold their office for only one year I 
In how many for two years 1 
What advantage is there in frequent elections 1 


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150 GOVERNMENTAL 


JUDICIARY. 

The next department of the state governments 
is the judicial department. 

It is composed of the judges of the several state 
courts. To them is intrusted the power of judg¬ 
ing of the state laws. 

The judges in the several states are appointed 
in different ways, and hold their offices for differ¬ 
ent periods. 

In New York, the chancellor and judges are ap¬ 
pointed by the governor, and hold their offices 
during good behaviour, but not beyond 60 years 
of age. The judges of county courts and courts 
of common pleas are appointed for 5 years. 

In Georgia, the judges of the inferior courts are 
elected by the people every 4 years. 

In Mississippi, the judges of the higher courts 
are chosen by electors for 6 years, and judges of 
inferior courts for 4 years. 


Of what is the judiciary of a state composed 1 

•What is intrusted to them 1 

Are all the judges in the state courts appointed in the same man¬ 
ner ! 

Do they hold their office for the same length of time 1 

In New York, in what way, and for how long are the chancellor 
and judges appointed 1 

For how long are the judges of the county courts and courts of 
common pleas appointed 1 

In Georgia, how are the judges selected! 

In Mississippi, how, and for how long are the judges chosen 1 


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INSTRUCTOR. 151 

In Tennessee, the judges of the supreme court 
are elected by joint vote of the two houses of as¬ 
sembly for 12 years, and judges of the other courts 
for 8 years. 

In Ohio, the judges of all the courts are elected 
by the legislature for the term of 7 years. 

In Michigan, the judges of the supreme court 
are appointed for 7 years, with the approval of the 
senate. 

In Indiana, the judges of the supreme court are 
appointed by the governor for 7 years, with the 
approval of the senate, but the president judges of 
the circuit courts are elected for 7 years by the 
legislature. 

In Illinois, the judges are elected by the legisla¬ 
ture, and hold their office during good behaviour. 

In Missouri, the judges of the supreme and cir¬ 
cuit courts are nominated by the governor, and 
confirmed by the senate. 

In Virginia, the judges of the higher courts are 
elected by joint vote of both houses of assembly, 
and may be removed in the same way. 

In North Carolina, the judges of the higher 
courts are appointed by joint vote of both houses 


How, and for how long in Tennessee 1 

In Ohio, how, and for how long are judges chosen ! 

In Michigan ! In Indiana, how, and for how long are the 
judges of the supreme court appointed! 

How, and for how long the judges of circuit courts 1 
In Illinois, in what way, and for how long are the judges elected ? 
In Missouri! In Virginia ! In North Carolina ! 


Or 


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152 GOVERNMENTAL 

of the legislature, and hold their office during good 
behaviour. 

In Pennsylvania, the judges are appointed by the 
governor, with the approval of the senate. The 
judges of the supreme court hold their office for 
15 years, if they so long behave themselves well, 
and president judges of the courts of common 
pleas for ten years, on the same condition. 

Thus, we see that the judges in the several 
states are some of them elected by the direct vote 
of the people, some by the legislature of the state, 
and some are appointed by the governor, with the 
approval of the senate. Each mode has its advan¬ 
tages and disadvantages. The peculiar institutions 
of one state may lead them to adopt one mode, 
while the peculiarities of another state induce the 
people to adopt a different method. 

The time for which the judges hold their office 
is equally various as we have seen, it being in some 
states 4 years, in others, 7, 8, 12 and 15 years, in 
some till 60, 65 and 70 years of age, in others, 
during good behaviour. 

In most of the states, the highest court in the 
state is called the supreme court. 


In Pennsylvania, how are the judges appointed 7 
How long do the judges of the supreme court hold their office 7 
How long the president judges of the courts of common pleas 7 
What then are the different ways in which the judges of state 
courts are appointed 7 

What are the different periods for which they hold their office 7 
Are the highest courts in each state called by the same name 7 















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INSTRUCTOR. 153 

In New Hampshire and Delaware, the highest 
court is called the superior court. In Maryland, 
Virginia and Kentucky, the highest court is called 
the court of appeals ; in Georgia, the circuit court; 
and in Mississippi, the high court of errors and 
appeals. 

There are, also, in all the states, inferior courts, 
called by different names. 

But, by whatever name the courts in the several 
states may be called, the jurisdiction of the courts 
of each state is nearly the same. That is to say, 
there are in each state, courts which have jurisdic¬ 
tion of all suits in which 'property is involved, and 
courts in which all who commit crimes against the 
laws of the state are tried. In all the states, suits 
may be appealed from lower to higher courts ; thus 
both the law and facts may be re-examined in the 
higher court; or cases may be taken from a lower 
to a higher court by writ of error , in which case 
the law only can be re-examined by the higher 
court. And if the higher court reverse the deci¬ 
sion of the judge in the court below, the case is 
sent back to the same court for a new trial. 

In all the states the trial by jury is preserved. 


Are the inferior courts in all the states called by the same names'? 
What is said of the jurisdiction of the state courts 'l 
Is the right of trial by jury preserved in all the states'? 


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154 


GOVERNMENTAL 


EXECUTIVE POWER. 

The third great department in the state govern¬ 
ments is the Executive power. 

In all the states the executive power is vested in 
a governor, who in all the states but Virginia and 
South Carolina, is elected by the people ; in those 
two states he is elected by joint vote of both houses 
of their respective legislatures. 

Some of the states elect a Lieutenant Governor 
at the same time, who, in case of death, resigna¬ 
tion or impeachment of the governor, will perform 
the duties of governor until the next election. In 
other states, if the gubernatorial chair become 
vacant the president of the senate performs the 
duties of governor. 

In Maine, New York, Virginia, Alabama, Mis¬ 
souri and Arkansas, the governor must be a native 
born citizen. In New Hampshire he must be of the 
protestant religion. In Missouri he must be thirty- 
five years of age. In other states he must be 30 
years of age. 


What is the third great department in the state governments 7 
In what officer is the executive power vested in every state 7 
How is he chosen 1 

What other officer is chosen in some of the states at the same 
time 7 

What if the gubernatorial chair becomes vacant 7 
In what states must the governor be a native born citizen 7 

O- -- - 


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INSTRUCTOR. 155 

In some of the states the governor, as we have 
seen, is chosen annually, in others once in 2 years, 
in others once in 3 years, and in others once in 4 
years. In most of the states the governor is voted 
for directly by the people ; and if no candidate 
has such a majority as is required, the legislature 
elects the governor out of the candidates voted for 
by the people. In two of the states he is chosen 
by joint ballot of both houses of the legislature. 

In some of the states the governor appoints the 
judges, in other states he only commissions them. 
In each state the governor also commissions all mili¬ 
tary officers. The governor of each state is com¬ 
mander-in-chief of the militia of the state, except 
when they are called into the service of the Uni¬ 
ted States. The governor has power to remit 
fines and forfeitures incurred under the state laws, 
and also to grant reprieves and pardons for offences 
committed against the laws of the state. 


Of what age must a governor be 1 

For what length of time is he chosen 7 

How is the governor chosen in most of the states 7 

How in the rest 7 

Whom does the governor commission 7 

What power has the governor over fines and forfeitures 7 

What over reprieves and pardons 7 


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GOVERNMENTAL 


WASHINGTON’S LETTER. 

After several ineffectual attempts to ascertain 
the public sentiment, in regard to the revision of 
the federal system of government, as established 
in the articles of confederation, it was finally pro¬ 
posed that a convention be held at Philadelphia in 
May, 1787, composed of delegates from all the 
states, for the adoption of some new system which 
would impart more general powers to the general 
government. Of the 13 original states Rhode Is¬ 
land was the only one which was not represented 
on that occasion. After a session of some four 
months, our present constitution was framed, and 
submitted to congress by the president of the con¬ 
vention, George Washington, accompanied by the 
following explanatory letter : 

In Convention, Sept. 17, 1787. 

Sir : 

We have now the honor to transmit to the con¬ 
sideration of the United States in congress assem¬ 
bled, that Constitution which has appeared to us 
the most advisable. 

The friends of our country have long seen and 
desired that the power of making war, peace, and 
treaties, that of levying money, and regulating 
commerce, and the correspondent executive and 
judicial authorities, should be fully and effectually 
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INSTRUCTOR. 157 

vested in the general government of the union ; 
but the impropriety of delegating such extensive 
trust to one body of men is evident; hence results 
the necessity of a different organization. 

It is obviously impracticable in the Federal Gov¬ 
ernment of these states to secure all rights of in¬ 
dependent sovereignty to each, and yet provide for 
the interest and safety of all. Individuals enter¬ 
ing into society must give up a share of liberty to 
preserve the rest. The magnitude of the sacrifice 
must depend as well on situation and circumstance, 
as the object to be obtained. It is at all times dif¬ 
ficult to draw with precision the line between those 
rights which must be surrendered, and those which 
may be preserved; and, on the present occasion, 
this difficulty was increased by a difference among 
the several states as to their situation, extent, hab¬ 
its, and particular interests. 

In all our deliberations on this subject, we kept 
steadily in our view that which appears to us the 
greatest interest of every true American, the con¬ 
solidation of our union, in which is involved our 
prosperity, felicity, safety—perhaps our national 
existence. This important consideration, seriously 
and deeply impressed on our minds, led each state 
in the convention to be less rigid on points of infe¬ 
rior magnitude than might have been otherwise 
expected ; and thus, the constitution which we now 
present is the result of a spirit of amity, and that 
mutual deference and concession, which the pecu- 


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158 GOVERNMETAE 

liarity of our political situation rendered indispen¬ 
sable. 

That it will meet the full and entire approbation 
of every state is not perhaps to be expected ; but 
each will, doubtless, consider that had her interest 
alone been consulted, the consequences might have 
been particularly disagreeable or injurious to the 
others ; that it is liable to as few exceptions as could 
reasonably have been expected, we hope and be¬ 
lieve ; that it may promote the lasting welfare of 
that country so dear to us all, and secure her free¬ 
dom and happiness, is our most ardent wish. 

With great respect, we have the honor to be, sir, 
your Excellency’s most obedient and humble 
servants. 

By the unanimous order of the convention, 

GEO. WASHINGTON, Pres’t. 
His Exc. the President of Congress. 

Congress resolved, unanimously, that the Report 
with the letter accompanying it, be transmitted to 
the several legislatures, in order to be submitted to 
a Convention of Delegates chosen in each state by 
the people thereof. 

Accordingly conventions were called in eleven 
of the states, and the sentiments embraced in the 
articles submitted being in accordance with the 
views of the respective states, they were adopted, 
and presented in the following Constitution of the 
United States: 


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INSTRUCTOR. 


159 


CONSTITUTION. 

We, the people of the United States, in order 
to form a more perfect union, establish justice, 
ensure domestic tranquility, provide for the com¬ 
mon defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this consti¬ 
tution for the United States of America. 

ARTICLE I.-SECTION I. 

1. All legislative powers herein granted, shall be 
vested in a congress of the United States, which 
shall consist of a senate and house of representa¬ 
tives. 

SECTION II. 

1. The house of representatives shall be com¬ 
posed of members chosen every second year by 
the people of the several states; and the electors 
in each state shall have the qualifications requisite 
for electors of the most numerous branch of the 
state legislature. 

2. No person shall be a representative who shall 
not have attained to the age of twenty-five years, 
and been seven years a citizen of the United 
States, and who shall not, when elected, be an 
inhabitant of that state in which he shall be 
chosen. 

3. Representatives and direct taxes shall be 
apportioned among the several states which may 

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160 GOVERNMENTAL 

be included within this union, according to their 
respective numbers, which shall be determined by 
adding to the whole number of free persons, in¬ 
cluding those bound to service for a term of years, 
and excluding Indians not taxed, three-fifths of all 
other persons. The actual enumeration shall be 
made within three years after the first meeting of 
the congress of the United States, and within 
every subsequent term of ten years, in such man¬ 
ner as they shall by law direct. The number of 
representatives shall not exceed one for every 
thirty thousand, but each state shall have at least 
one representative ; and until such enumeration 
shall be made, the state of New Hampshire shall 
be entitled to choose three ; Massachusetts eight; 
Rhode Island and Providence Plantations one; 
Connecticut five ; New York six ; New Jersey four ; 
Pennsylvania eight; Delaware one; Maryland 
six ; Virginia ten; North Carolina five ; South 
Carolina five ; and Georgia three. 

4. When vacancies happen in the representation 
from any state, the executive authority thereof 
shall issue writs of election to fill up such va¬ 
cancies. 

5. The house of representatives shall choose 
their speaker and other officers, and shall have the 
sole power of impeachment. 

SECTION III. 

1. The senate of the United States shall be 
composed of two senators from each state, chosen 

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INSTRUCTOR. 161 

by the legislature thereof, for six years; and each 
senator shall have one vote. 

2. Immediately after they shall be assembled in 
consequence of the first election, they shall be 
divided, as equally as may be, into three classes. 
The seats of the senators of the first class shall be 
vacated at the expiration of the second year, of 
the second class at the expiration of the fourth 
year, and of the third class at the expiration of the 
sixth year, so that one-third may be chosen every 
second year; and if vacancies happen, by resig¬ 
nation or otherwise, during the recess of the 
legislature of any state, the executive thereof may 
make temporary appointments until the next meet¬ 
ing of the legislature, which shall then fill such 
vacancies. 

3. No person shall be a senator who shall not 
have attained to the age of thirty years, and been 
nine years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that 
state for which he shall be chosen. 

4. The vice-president of the United States shall 
be president of the senate, but shall have no vote, 
unless they be equally divided. 

5. The senate shall choose their other officers, 
and also a president pro tempore, in the absence 
of the vice-president, or when he shall exercise 
the office of president of the United States. 

6. The senate shall have the sole power to try 
all impeachments. When sitting for that purpose, 
they shall be on oath or affirmation. When the 


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162 GOVERNMENTAL 

president of the United States is tried, the chief 
justice shall preside ; and no person shall be con¬ 
victed without the concurrence of two-thirds of 
the members present. 

7. Judgment in case of impeachment shall not 
extend further than to removal from office, and dis¬ 
qualification to hold and enjoy any office of honor, 
trust or profit, under the United States; but the 
party convicted shall nevertheless be liable and 
subject to indictment, trial, judgment, and punished 
according to law. 

SECTION IV. 

1. The times, places, and manner of holding 
elections for senators and representatives, shall be 
prescribed in each state by the legislature thereof; 
but the congress may, at any time, by law, make 
or alter such regulations, except as to the places of 
choosing senators. 

2. The congress shall assemble at least once in 
every year, and such meeting shall be on the first 
Monday in December, unless they shall by law 
appoint a different day. 

SECTION V. 

1. Each house shall be the judge of the elections, 
returns, and qualifications of its own members ; 
and a majority of each shall constitute a quorum 
to do business ; but a smaller number may adjourn 
from day to day, and may be authorized to compel 
the attendance of absent members, in such manner 
and under such penalties as each house may pro¬ 
vide. 

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INSTRUCTOR. 


163 


2. Each house may determine the rules of its 
proceedings, punish its members for disorderly 
behaviour, and, with the concurrence of two- 
thirds, expel a member. 

3. Each house shall keep a journal of its pro¬ 
ceedings, and from time to time publish the same, 
excepting such parts as may in their judgment 
require secrecy; and the yeas and nays of the 
members of either house, on any question, shall, 
at the desire of one-fifth of those present, be 
entered on the journal. 

4. Neither house, during the session of congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than 
that in which the two houses shall be sitting. 

SECTION VI. 

1. The senators and representatives shall receive 
a compensation for their services, to be ascertained 
by law, and paid out of the treasury of the United 
States. They shall, in all cases, except treason, 
felony, and breach of the peace, be privileged 
from arrest during their attendance at the session 
of their respective houses, and in going to or 
returning from the same; and for any speech or 
debate in either house, they shall not be questioned 
in any other place. 

2. No senator or representative shall, during the 
time for which he was elected, be appointed to 
any civil office under the authority of the United 
States which shall have been created, or the emolu¬ 
ments whereof shall have been increased, during 

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164 GOVERNMENTAL 

such time ; and no person holding any office under 
the United States shall be a member of either 
house during his continuance in office. 

SECTION VII. 

1. All bills for raising revenue shall originate in 
the house of representatives ; but the senate may 
propose or concur with amendments, as on other 
bills. 

2. Every bill which shall have passed the house 
of representatives and the senate, shall, before it 
become a law, be presented to the president of 
the United States ; if he approve, he shall sign it; 
but if not, he shall return it, with his objections, to 
that house in which it shall have originated, who 
shall enter the objection at large on their journal, 
and proceed to re-consider it. If, after such re¬ 
consideration, two-thirds of that house shall agree 
to pass the bill, it shall be sent, together with the 
objections, to the other house, by which it shall 
likewise be re-considered, and if approved by 
two-thirds of that house, it shall become a law. 
But in all such cases, the votes of both houses shall 
be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall 
be entered on the journal of each house respec¬ 
tively. If any bill shall not be returned by the 
president within ten days (Sundays excepted) after 
it shall have been presented to him, the same shall 
be a law in like manner as if he had signed it, 
unless the congress by their adjournment prevent 
its return, in which case it shall not be a law. 







INSTRUCTOR. 




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165 


3. Every order, resolution, or vote, to which the 
concurrence of the senate and house of represen¬ 
tatives may be necessary, (except on a question of 
adjournment,) shall be presented to the president 
of the United States ; and before the same shall 
take effect, shall be approved by him, or being 
disapproved by him, shall be re-passed by two- 
thirds of the senate and house of representatives, 
according to the rules and limitations prescribed 
in the case of a bill. 

SECTION VIII. 

The congress shall have power— 

1. To lay and collect taxes, duties, imposts, and 
excises ; to pay the debts and provide for the com¬ 
mon defence and general welfare of the United 
States; but all duties, imposts, and excises, shall 
be uniform throughout the United States: 

2. To borrow money on the credit of the United 
States: 

3. To regulate commerce with foreign nations, 
and among the several states, and with the Indian 
tribes : 

4. To establish a uniform rule of naturalization, 
and uniform laws on the subject of bankruptcies 
throughout the United States : 

5. To coin money, regulate the value thereof, 
and of foreign coin, and fix the standard of weights 
and measures: 

6. To provide for the punishment of counter¬ 
feiting the securities and current coin of the United 
States : 


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166 GOVERNMENTAL 

7. To establish post offices and post roads : 

8. To promote the progress of science and useful 
arts, by securing, for limited times, to authors and 
inventors, the exclusive right to their respective 
writings and discoveries: 

9. To constitute tribunals inferior to the supreme 
court: To define and punish piracies and felonies 
committed on the high seas, and offenees against 
the law of nations : 

10. To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on 
land and water: 

11. To raise and support armies; but no appro¬ 
priation of money to that use shall be for a longer 
term than two years : 

12. To provide and maintain a navy : 

13. To make rules for the government and regu¬ 
lation of the land and naval forces: 

14. To provide for calling forth the militia to 
execute the laws of the union, suppress insurrec¬ 
tions, and repel invasions: 

15. To provide for organizing, arming, and dis¬ 
ciplining the militia, and for governing such part of 
them as may be employed in the service of the 
United States, reserving to the states respectively 
the appointment of the officers, and the authority 
of training the militia according to the discipline 
prescribed by congress : 

16. To exercise exclusive legislation in all cases 
whatsoever, over such district (not exceeding ten 

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INSTRUCTOR. 


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167 


miles square) as may, by cession of particular 
states, and the acceptance of congress, become the 
seat of government of the United States, and to 
exercise like authority over all places purchased, 
by the consent of the legislature of the state in 
which the same shall be, for the erection of forts, 
magazines, arsenals, dockyards, and other needful 
buildings :—and, 

17. To make all laws which shall be necessary 
and proper for carrying into execution the forego¬ 
ing powers, and all other powers vested by this 
constitution in the government of the United States, 
or in any department or officer thereof. 

SECTION IX. 

1. The migration or importation of such persons 
as any of the states now existing shall think proper 
to admit, shall not be prohibited by the congress 
prior to the year one thousand eight hundred and 
eight, but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each 
person. 

2. The privilege of the writ of habeas corpus 
shall not be suspended, unless when, in cases of re¬ 
bellion or invasion, the public safety may require it. 

3. No bill of attainder, or ex post facto law, shall 
be passed. 

4. No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration 
herein before directed to be taken. 

5. No tax or duty shall be laid on articles export- 


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168 GOVERNMENTAL 

ed from any state. No preference shall be given 
by any regulation of commerce or revenue to the 
ports of one state over those of another: nor 
shall vessels bound to or from one state, be obliged 
to enter, clear, or pay duties in another. 

6. No money shall be drawn from the treasury, 
but in consequence of appropriations made by law ; 
and a regular statement and account of the receipts 
and expenditures of all public money shall be pub¬ 
lished from time to time. 

7. No title of nobility shall be granted by the 
United States, and no person holding any office of 
profit or trust under them, shall, without the con¬ 
sent of the congress, accept of any present, emolu¬ 
ment, office, or title of any kind, whatever, from 
any king, prince, or foreign state. 

section x. 

1. No state shall enter into any treaty, alliance, 
or confederation; grant letters of marque and re¬ 
prisal ; coin money ; emit bills of credit ; make 
any thing but gold and silver coin a tender in pay¬ 
ment of debts ; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of con¬ 
tracts ; or grant any title of nobility. 

2. No state shall, without the consent of the 
congress, lay any imposts or duties on imports or 
exports, except what may be absolutely necessary 
for executing its inspection laws ; and the net pro¬ 
duce of all duties and imposts, laid by any state on 
imports or exports, shall be for the use of the treas- 

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INSTRUCTOR. 


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169 


ury of the United States, and all such laws shall be 
subject to the revision and control of the congress. 
No state shall, without the consent of congress, 
lay any duty of tonnage, keep troops or ships of 
war in time of peace, enter into any agreement or 
compact with another state, or with a foreign pow¬ 
er, or engage in war, unless actually invaded, or 
in such imminent danger as will not admit of delay. 

ARTICLE II.-SECTION I. 


1. The executive power shall be vested in a pres¬ 
ident of the United States of America. He shall 
hold his office during the term of four years, and, 
together with the vice-president, chosen for the 
same term, be elected as follows : 

2. Each state shall appoint, in such manner as 
the legislature thereof may direct, a number of 
electors, equal to the whole number of senators and 
representatives to which the state may be entitled 
in tj?e congress ; but no senator or representative, 
or person holding an office of trust or profit under 
the United States, shall be appointed an elector. 

3. The electors shall meet in their respective 
states, and vote by ballot for two persons, of whom 
one at least shall not be an inhabitant of the same 
state with themselves. And they shall make a list 
of all the persons voted for, and of the number of 
votes for each ; which list they shall sign and certi¬ 
fy, and transmit sealed to the seat of the govern¬ 
ment of the United States, directed to the president 
of the senate. The president of the senate shall, 


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170 GOVERNMENTAL 

in the presence of the senate and house of repre¬ 
sentatives, open all the certificates, and the votes 
shall then be counted. The person having the 
greatest number of votes shall be the president, if 
such number be a majority of the whole number of 
electors appointed, and if there be more than one 
who have such majority, and have an equal number 
of votes, then the house of representatives shall 
immediately choose, by ballot, one of them for 
president; and if no person have a majority, then, 
from the five highest on the list, the said house shall, 
in like manner, choose the president. But, in 
choosing the president, the votes shall be taken by 
states, the representation from each state having 
one vote; a quorum for this purpose shall consist 
of a member or members from two-thirds of the 
states, and a majority of all the states shall be ne¬ 
cessary to a choice. In every case, after the choice 
of the president, the person having the greatest 
number of votes of the electors, shall be the vjpe- 
president. But if there should remain two or 
more who have equal votes, the senate shall choose 
from them, by ballot, the vice-president. 

4. The congress may determine the time of 
choosing the electors, and the day on which they 
shall give their votes ; which day shall be the same 
throughout the United States. 

5. No person, except a natural born citizen, or 
a citizen of the United States at the time of the 
adoption of this constitution, shall be eligible to 
the office of president: neither shall any person 

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INSTRUCTOR. 171 

be eligible to that office, who shall not have at¬ 
tained to the age of thirty-five years, and been 
fourteen years a resident within the United States. 

6. In case of the removal of the president from 
office, or of his death, resignation, or inability to 
discharge the powers and duties of the said office, 
the same shall devolve on the vice-president, and 
the congress may, by law, provide for the case of 
removal, death, resignation, or inability, both of 
the president and vice-president, declaring what 
officer shall then act as president, and such officer 
shall act accordingly, until the disability be re¬ 
moved, or a president shall be elected. 

7. The president shall, at stated times, receive 
for his services a compensation, which shall neither 
be increased nor diminished during the period for 
which he shall have been elected, and he shall not 
receive within that period any other emolument 
from the United States, or any of them. 

8. Before he enter on the execution of his office, 
he shall take the following oath or affirmation : 

9. I do solemnly swear (or affirm) that I will 
faithfully execute the office of President of the 
United States, and will, to the best of my ability, 
preserve, protect, and defend, the constitution of 
the United States. 

SECTION II. 

1. The president shall be commander-in-chief 
of the army and navy of the United States, and 
of the militia of the several states, when called 
into the actual service of the United States ; he 
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172 GOVERNMENTAL 

may require the opinion, in writing, of the princi¬ 
pal officer in each of the executive departments, 
upon any subject relating to the duties of their 
respective offices; and he shall have power to 
grant reprieves and pardons for offences against 
the United States, except in cases of impeach¬ 
ment. 

2. He shall have power, by and with the advice 
and consent of the senate, to make treaties, pro¬ 
vided two-thirds of the senators present concur: 
and he shall nominate, and by and with the advice 
and consent of the senate, shall appoint ambassa¬ 
dors, other public ministers and consuls, judges of 
the supreme court, and all other officers of the 
United States, whose appointments are not herein 
otherwise provided for, and which shall be estab¬ 
lished by law. But the congress may, by law, vest 
the appointment of such inferior officers as they 
think proper, in the president alone, in the courts 
of law, or in the heads of departments. 

3. The president shall have power to fill up all 
vacancies that may happen during the recess of 
the senate, by granting commissions which shall 
expire at the end of their next session. 

SECTION III. 

1. He shall, from time to time, give to the con¬ 
gress information of the state of the Union, and 
recommend to their consideration such measures 
as he shall judge necessary and expedient; he may, 
on extraordinary occasions, convene both houses, 

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INSTRUCTOR. 


173 


or either of them, and, in case of disagreement 
between them, with respect to the time of adjourn¬ 
ment, he may adjourn them to such time as he shall 
think proper; he shall receive ambassadors and 
other public ministers ; he shall take care that the 
laws be faithfully executed; and shall commission 
all the officers of the United States. 

SECTION IV. 

1. The president, vice-president, and all civil 
officers of the United States, shall be removed 
from office on impeachment for, and conviction 
of, treason, bribery, and other high crimes and 
misdemeanors. 

ARTICLE III.-SECTION I. 

1. The judicial power of the United States 
shall be vested in one supreme court, and in such 
inferior courts, as the congress may, from time to 
time, ordain and establish. The judges, both of 
the supreme and inferior courts, shall hold their 
offices during good behaviour; and shall, at stated 
times, receive for their services a compensation 
which shall not be diminished during their con¬ 
tinuance in office. 

SECTION II. 

1. The judicial power shall extend to all cases 
in law and equity, arising under this constitution, 
the laws of the United States, and treaties made, 
or which shall be made, under their authority : to 
all cases affecting ambassadors, other public minis¬ 
ters and consuls ; to all cases of admiralty and 


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174 GOVERNMENTAL 

maritime jurisdiction ; to controversies to which 
the United States shall be a party; to controver¬ 
sies between two or more states ; between a state 
and citizens of another state ; betw r een citizens of 
different states ; between citizens of the same state 
claiming lands under grants of different states ; 
and between a state, or the citizens thereof, and 
foreign states, citizens, or subjects. 

2. In all cases affecting ambassadors, other public 
ministers and consuls, and those in which a state 
shall be a party, the supreme court shall have 
original jurisdiction. In all the other cases before 
mentioned, the supreme court shall have appellate 
jurisdiction, both as to law and fact, with such 
exceptions, and under such regulations, as the con¬ 
gress shall make. 

3. The trial of all crimes, except in cases of 
impeachment, shall be by jury, and such trial shall 
be held in the state where the said crimes shall 
have been committed; but when not committed 
within any state, the trial shall be at such place or 
places as the congress may by law have directed. 

SECTION III. 

1. Treason against the United States shall con¬ 
sist only in levying war against them, or in 
adhering to their enemies, giving them aid and 
comfort. No person shall be convicted of trea¬ 
son unless on the testimony of two witnesses to 
the same overt act, or on confession in open court. 

2. The congress shall have power to declare the 


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INSTRUCTOR. 175 

punishment of treason; but no attainder of trea¬ 
son shall work corruption of blood, or forfeiture, 
except during the life of the person attainted. 

ARTICLE IV.-SECTION I. 

1. Full faith and credit shall be given in each 
state to the public acts, records, and judicial pro¬ 
ceedings of every other state. And the congress 
may, by general laws, prescribe the manner in 
which such acts, records, and proceedings, shall be 
proved, and the effect thereof. 

SECTION II. 

1. The citizens of each state shall be entitled to 
all privileges and immunities of citizens in the 
several states. 

2. A person charged in any state with treason, 
felony, or other crime, who shall flee from justice, 
and be found in another state, shall, on demand of 
the executive authority of the state from which he 
fled, be delivered up, to be removed to the state 
having jurisdiction of the crime. 

3. No person held to service or labor in one 
state under the laws thereof, escaping into another, 
shall, in consequence of any law or regulation 
therein, be discharged from such service or labor; 
but shall be delivered up on claim of the party to 
whom such service or labor may be due. 

SECTION III. 

1. New states may be admitted by the congress 
into this union ; but no new states shall be formed 
or erected within the jurisdiction of any other 
state, nor any state be formed by the junction of 

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176 GOVERNMENTAL 

two or more states, or parts of states, without the 
consent of the legislatures of the states concerned, 
as well as of the congress. 

2. The congress shall have power to dispose of, 
and make all needful rules and regulations respect¬ 
ing the territory or other property belonging to 
the United States ; and nothing in this constitution 
shall be so construed as to prejudice any claims of 
the United States, or of any particular state. 

SECTION IV. 

1. The United States shall guaranty to every 
state in this union, a republican form of govern¬ 
ment, and shall protect each of them against 
invasion; and, on application of the legislature, or 
of the executive, (when the legislature cannot be 
convened,) against domestic violence. 

ARTICLE V. 

1. The congress, whenever two-thirds of both 
houses shall deem it necessary, shall propose amend¬ 
ments to this constitution; or, on the application 
of the legislatures of two-thirds of the several 
states, shall call a convention for proposing amend¬ 
ments, which, in either case, shall be valid to all 
intents and purposes, as part of this constitution, 
when ratified by the legislatures of three-fourths 
of the several states, or by conventions in three- 
fourths thereof, as the one or the other mode of 
ratification may be proposed by the congress ; 
provided, that no amendment which may be made 
prior to the year one thousand eight hundred and 


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INSTRUCTOR. 177 

eight,shall in any manner affect the first and fourth 
clauses in the ninth section of the first article : 
and that no state, without its consent, shall be 
deprived of its equal suffrage in the senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered 
into, before the adoption of this constitution, shall 
be as valid against the United States under this 
constitution, as under the confederation. 

2. This constitution, and the laws of the United 
States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made, 
under the authority of the United States, shall be 
the supreme law of the land ; and the judges in 
every state shall be bound thereby, any thing in 
the constitution or laws of any state to the contrary 
notwithstanding. 

3. The senators and representatives before 
mentioned, and the members of the several state 
legislatures, and all executive and judicial officers, 
both of the United States and of the several 
states, shall be bound by oath or affirmation to 
support this constitution: but no religious test 
shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII. 

1. The ratification of the conventions of nine 
states shall be sufficient for the establishment of 
this constitution between the states so ratifying 
the same. 

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178 GOVERNMENTAL 

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Done in convention, by the unanimous consent of 
the states present, the seventeenth day of Sep¬ 
tember, in the year of our Lord one thousand 
seven hundred and eighty-seven, and of the 
Independence of the United States of America, 
the twelfth. In witness whereof, we have 
hereunto subscribed our names. 

GEORGE WASHINGTON, 

President and Deputy from Virginia. 


NEW HAMPSHIRE. 
JOHN LANGDON, 

NICHOLAS GILMAN. 

MASSACHUSETTS. 
NATHANIEL GORMAN, 

RUFUS KING. 

CONNECTICUT. 
WILLIAM SAMUEL JOHNSON 
ROGER SHERMAN. 

NEW YORK. 

ALEXANDER HAMILTON. 

NEW JERSEY. 
WILLIAM LIVINGSTON, 
DAVID DEARLY, 

WILLIAM PATERSON, 
JONATHAN DAYTON. 

PENNSYLVANIA. 
BENJAMIN FRANKLIN, 
THOMAS MIFFLIN, 

ROBERT MORRIS, 

GEORGE CLYMER, 

THOMAS FITZSIMONS, 

JARED INGERSOLL, 

JAMES WILSON, 
GOVERNEUR MORRIS. 

Attest . 


DELAWARE. 
GEORGE READ, 
GUNNING BEDFORD, JR, 
JOHN DICKINSON. 
RICHARD BASSETT, 
JACOB BROOM. 

MARYLAND. 
JAMES M‘HENRY, 

DAN. OF ST. T. JENIFER 
DANIEL CARROLL. 

VIRGINIA. 

JOHN BLAIR, 

JAMES MADISON, JR. 

NORTH CAROLINA. 
WILLIAM BLOUNT, 
RICHARD D. SPAIGHT, 
HUGH WILLIAMSON. 

SOUTH CAROLINA. 
JOHN RUTLEDGE, 
CHARLES C. PINCKNEY, 
CHARLES PINCKNEY, 
PIERCE BUTLER. 

GEORGIA. 
WILLIAM FEW, 


ABRAHAM BALDWIN. 

WILLIAM JACKSON, Secretary. 
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INSTRUCTOR. 


179 


AMENDMENTS TO THE CONSTITUTION. 

Article 1. Congress shall make no law respecting 
an establishment of religion or prohibiting the free 
exercise thereof; or abridging the freedom of 
speech, or of the press ; or the right of the people 
peaceably to assemble, and to petition the govern¬ 
ment for a redress of grievances. 

Art. 2. A well regulated militia being necessary 
to the security of a free state, the right of the 
people to keep and bear arms shall not be infringed. 

Art. 3. No soldier shall, in time of peace, be 
quartered in any house without the consent of the 
owner; nor in time of war, but in a manner to 
be prescribed by law. 

Art. 4. The right of the people to be secure in 
their persons, houses, papers, and effects, against 
unreasonable searches and seizures, shall not be 
violated ; and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, 
and particularly describing the place to be search¬ 
ed, and the persons or things to be seized. 

Art. 5. No person shall be held to answer for a 
capital or otherwise infamous crime, unless on a 
presentment or indictment of a grand jury, except 
in cases arising in the land or naval forces, or in 
the militia, when in actual service, in time of war 
or public danger; nor shall any person be subject 
for the same offence to be twice put in jeopardy 

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180 GOVERNMENTAL 

of life or limb; nor shall be compelled, in any 
criminal case, to be a witness against himself; 
nor be deprived of life, liberty, or property, without 
due process of law ; nor shall private property be 
taken for public use, without just compensation. 

Art . 6. In all criminal prosecutions the accused 
shall enjoy the right to a speedy and public trial, 
by an impartial jury of the state and district 
wherein the crime shall have been committed, 
which district shall have been previously ascer¬ 
tained by law, and to be informed of the nature 
and cause of the accusation : to be confronted 
with the witnesses against him ; to have compul¬ 
sory process for obtaining witnesses in his favor; 
and to have the assistance of consul for his de¬ 
fence. 

Art. 7. In suits at common law, where the value 
in controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved ; and no 
fact tried by a jury shall be otherwise re-examined 
in any court of the United States, than according 
to the rules of the common law. 

Art. 8. Excessive bail shall not be required, nor 
excessive fines imposed, nor cruel and unusual 
punishments inflicted. 

Art. 9. The enumeration in the constitution of 
certain rights, shall not be construed to deny or 
disparage others retained by the people. 

Art. 10. The powers not delegated to the United 
States by the constitution, nor prohibited by it to 

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INSTRUCTOR. 


181 


the states, are reserved to the states respectively, 
or to the people. 

Art. 11. The judicial power of the United States 
shall not be construed to extend to any suit in law 
or equity, commenced or prosecuted against one 
of the United States by citizens of another state, 
or by citizens or subjects of any foreign state. 


Art. 12. § 1. The electors shall meet in their re¬ 
spective states, and vote by ballot for president 
and vice-president, one of whom, at least, shall not 
be an inhabitant of the same state with themselves ; 
they shall name in their ballots the person voted 
for as president, and in distinct ballots the person 
voted for as vice-president; and they shall make 
distinct lists of all persons voted for as president, 
and of all persons voted for as vice-president, and 
of the number of votes for each, which lists they 
shall sign and certify, and transmit sealed to the 
seat of the government of the United States, di¬ 
rected to the president of the senate ; the president 
of the senate shall, in the presence of the senate 
and house of representatives, open all the certifi¬ 
cates, and the votes shall then be counted ; the 
person having the greatest number of votes for 
president, shall be. the president, if such number 
be a majority of the whole number of electors 
appointed : and if no person have such majority, 
then from the persons having the highest numbers, 
not exceeding three, on the list of those voted for 
as president, the house of representatives shall 


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182 GOVERNMENTAL INSTRUCTOR. 

choose immediately, by ballot, the president. But, 
in choosing the president, the votes shall be taken 
by states, the representation from each state having 
one vote; a quorum for this purpose shall consist 
of a member or members from two-thirds of the 
states, and a majority of all the states shall be 
necessary to a choice. And if the house of re¬ 
presentatives shall not choose a president whenever 
the right of choice shall devolve upon them, before 
the fourth day of March next following, then the 
vice-president shall act as president, as in the case 
of the death or other constitutional disability of 
the president. 

2. The person having the greatest number of 
votes as vice-president, shall be the vice-president, 
if such number be a majority of the whole num¬ 
ber of electors appointed ; and if no person 
have a majority, then from the two highest numbers 
on the list, the senate shall choose the vice-presi¬ 
dent : a quorum for the purpose shall consist of 
two-thirds of the whole number of senators, and 
a majority of the whole number shall be necessary 
to a choice. 

3. But no person constitutionally ineligible to 
the office of president, shall be eligible to that of 
vice-president of the United Sthtes. 


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